Havana Hotel Corp. v. Emigrant Industrial Savings Bank

Appellate Division of the Supreme Court of New York

Havana Hotel Corp. v. Emigrant Industrial Savings Bank

253 A.D. 349, 2 N.Y.S.2d 326, 1938 N.Y. App. Div. LEXIS 8439

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

DecidedFebruary 18, 1938

StatusPublished

This text of 253 A.D. 349 (Havana Hotel Corp. v. Emigrant Industrial 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.

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Havana Hotel Corp. v. Emigrant Industrial Savings Bank, 253 A.D. 349, 2 N.Y.S.2d 326, 1938 N.Y. App. Div. LEXIS 8439 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

While the alleged promise on the part of the defendant to reconvey the property to the plaintiff provided that the latter complied with the alleged agreement to refrain from bidding may seem to be unbelievable, still, we cannot say as a matter of law either that the action will not lie or that it is barred by the Statute of Frauds.

The order should be affirmed, with twenty dollars costs and disbursements.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously affirmed, with twenty dollars costs and disbursements.

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Per Curiam.

While the alleged promise on the part of the defendant to reconvey the property to the plaintiff provided that the latter complied with the alleged agreement to refrain from bidding may seem to be unbelievable, still, we cannot say as a matter of law either that the action will not lie or that it is barred by the Statute of Frauds.

The order should be affirmed, with twenty dollars costs and disbursements.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously affirmed, with twenty dollars costs and disbursements.

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Bluebook (online)

253 A.D. 349, 2 N.Y.S.2d 326, 1938 N.Y. App. Div. LEXIS 8439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/havana-hotel-corp-v-emigrant-industrial-savings-bank-nyappdiv-1938.