Elmhurst-Hampton Holding Corp. v. Colwyn Realty Co.

Appellate Division of the Supreme Court of New York

Elmhurst-Hampton Holding Corp. v. Colwyn Realty Co.

228 A.D. 853

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1930

StatusPublished

This text of 228 A.D. 853 (Elmhurst-Hampton Holding Corp. v. Colwyn Realty Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elmhurst-Hampton Holding Corp. v. Colwyn Realty Co., 228 A.D. 853 (N.Y. Ct. App. 1930).

Pincite

Opinion

Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. We are of opinion that a new trial should be had in the interest of justice, so that inquiry may be definitely and specifically made as to the conversations which appellant Schlenger claims he had with Meyer regarding the completion of the apartment house on parcel 1, and the agreement to release the mortgage on parcel 2. Whether Meyer at folio 515 of the record denied the claims of Schlenger in all respects is disputed upon this appeal. This matter is of the greatest importance and should not be allowed to rest in doubt. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur. Settle order on notice.

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Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. We are of opinion that a new trial should be had in the interest of justice, so that inquiry may be definitely and specifically made as to the conversations which appellant Schlenger claims he had with Meyer regarding the completion of the apartment house on parcel 1, and the agreement to release the mortgage on parcel 2. Whether Meyer at folio 515 of the record denied the claims of Schlenger in all respects is disputed upon this appeal. This matter is of the greatest importance and should not be allowed to rest in doubt. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

228 A.D. 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmhurst-hampton-holding-corp-v-colwyn-realty-co-nyappdiv-1930.