Emden v. Unterman

Appellate Division of the Supreme Court of New York

Emden v. Unterman

2 A.D.2d 668, 152 N.Y.S.2d 620, 1956 N.Y. App. Div. LEXIS 4903

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

DecidedJune 19, 1956

StatusPublished

This text of 2 A.D.2d 668 (Emden v. Unterman) 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

Emden v. Unterman, 2 A.D.2d 668, 152 N.Y.S.2d 620, 1956 N.Y. App. Div. LEXIS 4903 (N.Y. Ct. App. 1956).

Pincite

Opinion

There are issues of fact raised by the pleadings and affidavits that can only be resolved upon trial, particularly the issue as to whether the seller made satisfactory arrangements for the satisfaction of the chattel mortgage as provided in paragraph 36 of the agreement. Defendant concedes, however, that plaintiffs are entitled to $4,000 out of the escrow fund. In fact, he has on two occasions tendered that amount, although not in strict conformity with section 174-a of the Civil Practice Act. Accordingly, the judgment is vacated and the order modified to the extent of granting partial summary judgment in favor of plaintiffs in the amount of $4,000, without interest and with costs to the defendant. Settle order on notice. Concur — Peck, P. J., Breitel, Botein, Rabin and Cox, JJ.

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There are issues of fact raised by the pleadings and affidavits that can only be resolved upon trial, particularly the issue as to whether the seller made satisfactory arrangements for the satisfaction of the chattel mortgage as provided in paragraph 36 of the agreement. Defendant concedes, however, that plaintiffs are entitled to $4,000 out of the escrow fund. In fact, he has on two occasions tendered that amount, although not in strict conformity with section 174-a of the Civil Practice Act. Accordingly, the judgment is vacated and the order modified to the extent of granting partial summary judgment in favor of plaintiffs in the amount of $4,000, without interest and with costs to the defendant. Settle order on notice. Concur — Peck, P. J., Breitel, Botein, Rabin and Cox, JJ.

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Bluebook (online)

2 A.D.2d 668, 152 N.Y.S.2d 620, 1956 N.Y. App. Div. LEXIS 4903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emden-v-unterman-nyappdiv-1956.