Foster v. Barbeau

Appellate Division of the Supreme Court of New York

Foster v. Barbeau

254 A.D. 823, 5 N.Y.S.2d 168, 1938 N.Y. App. Div. LEXIS 7778

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

DecidedMay 25, 1938

StatusPublished

This text of 254 A.D. 823 (Foster v. Barbeau) 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

Foster v. Barbeau, 254 A.D. 823, 5 N.Y.S.2d 168, 1938 N.Y. App. Div. LEXIS 7778 (N.Y. Ct. App. 1938).

Pincite

Opinion

Judgment and order reversed on the law, with costs, and motion for summary judgment denied, without costs. Memorandum: Defendant’s verified answer and affidavits raise triable issues of fact as to the eviction of defendant by Engstler from the rented premises and as to the authority of Engstler to act as agent for plaintiff. All concur, except Lewis and Taylor, JJ., who dissent and vote for affirmance. (The judgment is for plaintiff in an action to recover rental due under a lease. The order grants plaintiff's motion for summary judgment.) Present —■ Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment and order reversed on the law, with costs, and motion for summary judgment denied, without costs. Memorandum: Defendant’s verified answer and affidavits raise triable issues of fact as to the eviction of defendant by Engstler from the rented premises and as to the authority of Engstler to act as agent for plaintiff. All concur, except Lewis and Taylor, JJ., who dissent and vote for affirmance. (The judgment is for plaintiff in an action to recover rental due under a lease. The order grants plaintiff's motion for summary judgment.) Present —■ Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 823, 5 N.Y.S.2d 168, 1938 N.Y. App. Div. LEXIS 7778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-barbeau-nyappdiv-1938.