In re Three Forty Madison Avenue Corp.

Appellate Division of the Supreme Court of New York

In re Three Forty Madison Avenue Corp.

279 A.D. 732, 108 N.Y.S.2d 1019, 1951 N.Y. App. Div. LEXIS 3581

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

DecidedDecember 11, 1951

StatusPublished

This text of 279 A.D. 732 (In re Three Forty Madison Avenue 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

In re Three Forty Madison Avenue Corp., 279 A.D. 732, 108 N.Y.S.2d 1019, 1951 N.Y. App. Div. LEXIS 3581 (N.Y. Ct. App. 1951).

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Opinion

No opinion. Present — Glennon, J. P., Dore, Cohn, Callahan and Shientag, JJ.; Dore, J., dissents in the following memorandum: I dissent and vote to reverse. The intended meaning of the “ subject ” clause in the stipulation of settlement relied on herein is ambiguous and should not be determined until evidence has been adduced at the trial or hearing concerning the real intention of the parties. In this respect the case differs from Matter of Moore (Smith) (194 Misc. 718) on which the learned Special Term relied; in that case the agreement was clear and unambiguous. The order appealed from should be reversed, with $20 costs and disbursements to petitioner-appellant and the proceeding remitted for a hearing.

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No opinion. Present — Glennon, J. P., Dore, Cohn, Callahan and Shientag, JJ.; Dore, J., dissents in the following memorandum: I dissent and vote to reverse. The intended meaning of the “ subject ” clause in the stipulation of settlement relied on herein is ambiguous and should not be determined until evidence has been adduced at the trial or hearing concerning the real intention of the parties. In this respect the case differs from Matter of Moore (Smith) (194 Misc. 718) on which the learned Special Term relied; in that case the agreement was clear and unambiguous. The order appealed from should be reversed, with $20 costs and disbursements to petitioner-appellant and the proceeding remitted for a hearing.

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Bluebook (online)

279 A.D. 732, 108 N.Y.S.2d 1019, 1951 N.Y. App. Div. LEXIS 3581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-three-forty-madison-avenue-corp-nyappdiv-1951.

Opinion

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