Hurkin v. Jas Building Corp.

Appellate Division of the Supreme Court of New York

Hurkin v. Jas Building Corp.

230 A.D. 709

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

DecidedJune 15, 1930

StatusPublished

This text of 230 A.D. 709 (Hurkin v. Jas Building Corp.) 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

Hurkin v. Jas Building Corp., 230 A.D. 709 (N.Y. Ct. App. 1930).

Pincite

Opinion

Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The defense of fraud, in so far as concerns the plaintiff’s right of action to compel a release of his property from the liens of the underlying mortgages, was not made out upon the trial. This release was agreed upon when the property reached a certain stage of construction. That stage had been passed, and whether plaintiff is a bona fide purchaser or not, does not affect the obligation of the defendants to procure the release in question. The findings of fact and conclusion of law are reversed. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The defense of fraud, in so far as concerns the plaintiff’s right of action to compel a release of his property from the liens of the underlying mortgages, was not made out upon the trial. This release was agreed upon when the property reached a certain stage of construction. That stage had been passed, and whether plaintiff is a bona fide purchaser or not, does not affect the obligation of the defendants to procure the release in question. The findings of fact and conclusion of law are reversed. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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Bluebook (online)

230 A.D. 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurkin-v-jas-building-corp-nyappdiv-1930.