Excello Homes, Inc. v. Williamsburgh Savings Bank

Appellate Division of the Supreme Court of New York

Excello Homes, Inc. v. Williamsburgh Savings Bank

275 A.D.2d 938

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

DecidedJune 6, 1949

StatusPublished

This text of 275 A.D.2d 938 (Excello Homes, Inc. v. Williamsburgh Savings Bank) 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

Excello Homes, Inc. v. Williamsburgh Savings Bank, 275 A.D.2d 938 (N.Y. Ct. App. 1949).

Pincite

Opinion

It is not alleged in the complaint, nor necessarily implied therein, that to be entitled to the 2% premiums, plaintiffs were required to or did, within the meaning of section 440 of the Real Property Law, cause or procure purchasers of their dwellings to place mortgages with defendants, or negotiate real estate loans. As a mere pleading the complaint is sufficient. The true scope and precise nature of the transactions, and whether or not plaintiffs acted as brokers, may only be determined upon the evidence adduced at a trial. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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It is not alleged in the complaint, nor necessarily implied therein, that to be entitled to the 2% premiums, plaintiffs were required to or did, within the meaning of section 440 of the Real Property Law, cause or procure purchasers of their dwellings to place mortgages with defendants, or negotiate real estate loans. As a mere pleading the complaint is sufficient. The true scope and precise nature of the transactions, and whether or not plaintiffs acted as brokers, may only be determined upon the evidence adduced at a trial. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

275 A.D.2d 938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/excello-homes-inc-v-williamsburgh-savings-bank-nyappdiv-1949.