Herfield v. First Westchester National Bank

Appellate Division of the Supreme Court of New York

Herfield v. First Westchester National Bank

42 A.D.2d 700, 346 N.Y.S.2d 725, 1973 N.Y. App. Div. LEXIS 3928

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

DecidedJuly 2, 1973

StatusPublished

This text of 42 A.D.2d 700 (Herfield v. First Westchester National 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.

Bluebook

Herfield v. First Westchester National Bank, 42 A.D.2d 700, 346 N.Y.S.2d 725, 1973 N.Y. App. Div. LEXIS 3928 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action to recover damages for breach of contract, plaintiff appeals from an order-judgment of the Supreme Court, Westchester County, dated July 25, 1972, which granted defendants’ motion for summary judgment dismissing the complaint. Order-judgment affirmed, with $20 costs and disbursements. In our opinion, the proof contained in the record estab[701]*701lishes as a matter of law that plaintiff’s acceptance did not comply with defendants’ offer, particularly with reference to the balance sheet item concerning loans to officers, and that there was not a meeting of minds upon all essential terms of the agreement. Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

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In an action to recover damages for breach of contract, plaintiff appeals from an order-judgment of the Supreme Court, Westchester County, dated July 25, 1972, which granted defendants’ motion for summary judgment dismissing the complaint. Order-judgment affirmed, with $20 costs and disbursements. In our opinion, the proof contained in the record estab[701]*701lishes as a matter of law that plaintiff’s acceptance did not comply with defendants’ offer, particularly with reference to the balance sheet item concerning loans to officers, and that there was not a meeting of minds upon all essential terms of the agreement. Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

42 A.D.2d 700, 346 N.Y.S.2d 725, 1973 N.Y. App. Div. LEXIS 3928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herfield-v-first-westchester-national-bank-nyappdiv-1973.