Lax v. Herman

New York Court of Appeals

Lax v. Herman

199 N.E.2d 510, 14 N.Y.2d 748, 250 N.Y.S.2d 432, 1964 N.Y. LEXIS 1167

New York Court of Appeals·Decided May 7, 1964·Published·Cited by 1 cases

Opinion

Order reversed and matter remitted to Special Term for further proceedings in accordance with the following memorandum : In our opinion, the agreement was unambiguous and required compliance with certain conditions precedent specified therein. The record clearly shows that not all of the stated conditions were performed. Accordingly, the order appealed from should be reversed and summary judgment in favor of the plaintiff granted. The certified question is answered in the affirmative.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Taking no part: Judge Bergan.

Free access — add to your briefcase to read the full text and ask questions with AI

Order reversed and matter remitted to Special Term for further proceedings in accordance with the following memorandum : In our opinion, the agreement was unambiguous and required compliance with certain conditions precedent specified therein. The record clearly shows that not all of the stated conditions were performed. Accordingly, the order appealed from should be reversed and summary judgment in favor of the plaintiff granted. The certified question is answered in the affirmative.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Taking no part: Judge Bergan.

Lax v. Herman, 199 N.E.2d 510, 14 N.Y.2d 748, 250 N.Y.S.2d 432, 1964 N.Y. LEXIS 1167 (N.Y. 1964).

Pincite

199 N.E.2d 510 (Lax v. Herman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related