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

Appellate Division of the Supreme Court of the State of New York·Decided February 18, 1938·Published

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.

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).

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253 A.D. 349 (Havana Hotel Corp. v. Emigrant Industrial Savings Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.