Francesco Realty Corp. v. Weiner

Appellate Division of the Supreme Court of New York

Francesco Realty Corp. v. Weiner

13 A.D.2d 450, 211 N.Y.S.2d 210, 1961 N.Y. App. Div. LEXIS 12355

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

DecidedMarch 2, 1961

StatusPublished

This text of 13 A.D.2d 450 (Francesco Realty Corp. v. Weiner) 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

Francesco Realty Corp. v. Weiner, 13 A.D.2d 450, 211 N.Y.S.2d 210, 1961 N.Y. App. Div. LEXIS 12355 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order, entered on April 21, 1960, granting plaintiff’s motion for summary judgment, and judgment entered thereon, unanimously reversed, on the law and on the facts, and the motion denied, with costs to abide the event. There is a triable issue as to whether the contract for the sale of the property and the check issued by plaintiff were conditionally delivered. The fact that both the written contract and the check were undated tends to lend some credence to defendants’ version of the transaction, at least to the extent of requiring further exploration by testimony. Concur — Botein, P. J., Rabin, Valente, McNally and Eager, JJ.

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Order, entered on April 21, 1960, granting plaintiff’s motion for summary judgment, and judgment entered thereon, unanimously reversed, on the law and on the facts, and the motion denied, with costs to abide the event. There is a triable issue as to whether the contract for the sale of the property and the check issued by plaintiff were conditionally delivered. The fact that both the written contract and the check were undated tends to lend some credence to defendants’ version of the transaction, at least to the extent of requiring further exploration by testimony. Concur — Botein, P. J., Rabin, Valente, McNally and Eager, JJ.

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Bluebook (online)

13 A.D.2d 450, 211 N.Y.S.2d 210, 1961 N.Y. App. Div. LEXIS 12355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francesco-realty-corp-v-weiner-nyappdiv-1961.