Fountain Springs Baptist Church, Inc. v. Snitow

Appellate Division of the Supreme Court of New York

Fountain Springs Baptist Church, Inc. v. Snitow

21 A.D.2d 764, 252 N.Y.S.2d 263, 1964 N.Y. App. Div. LEXIS 3519

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

DecidedJune 15, 1964

StatusPublished

This text of 21 A.D.2d 764 (Fountain Springs Baptist Church, Inc. v. Snitow) 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

Fountain Springs Baptist Church, Inc. v. Snitow, 21 A.D.2d 764, 252 N.Y.S.2d 263, 1964 N.Y. App. Div. LEXIS 3519 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on February 3, 1964, denying motion by plaintiff and cross motion by defendants for summary judgment in action seeking declaratory judgment construing and enforcing settlement documents, unanimously modified, on the law, to the extent of granting the motion of plaintiff for summary judgment declaring that plaintiff is not indebted to defendants for any sums or obligations antedating the general release of May 8, 1961, except for the payment of the balance of the outstanding mortgage debt in accordance with its express terms appearing from the mortgage documents, and the order is otherwise affirmed, with $20 costs and disbursements to plaintiff-appellant-respondent. The [765]*765general release of the Reverend Nelson C. Dukes and the church, dated May 8, 1961, executed pursuant to the stipulation of settlement, excluded from its terms only the mortgage debt. Therefore the claim for the out-of-pocket disbursements was released. Concur — Breitel, J. P., Valente, Stevens, Steuer and Staley, JJ.

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Order, entered on February 3, 1964, denying motion by plaintiff and cross motion by defendants for summary judgment in action seeking declaratory judgment construing and enforcing settlement documents, unanimously modified, on the law, to the extent of granting the motion of plaintiff for summary judgment declaring that plaintiff is not indebted to defendants for any sums or obligations antedating the general release of May 8, 1961, except for the payment of the balance of the outstanding mortgage debt in accordance with its express terms appearing from the mortgage documents, and the order is otherwise affirmed, with $20 costs and disbursements to plaintiff-appellant-respondent. The [765]*765general release of the Reverend Nelson C. Dukes and the church, dated May 8, 1961, executed pursuant to the stipulation of settlement, excluded from its terms only the mortgage debt. Therefore the claim for the out-of-pocket disbursements was released. Concur — Breitel, J. P., Valente, Stevens, Steuer and Staley, JJ.

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Bluebook (online)

21 A.D.2d 764, 252 N.Y.S.2d 263, 1964 N.Y. App. Div. LEXIS 3519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fountain-springs-baptist-church-inc-v-snitow-nyappdiv-1964.