Lieberman v. Stein

Appellate Division of the Supreme Court of New York

Lieberman v. Stein

2 A.D.2d 893, 156 N.Y.S.2d 452, 1956 N.Y. App. Div. LEXIS 3883

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

DecidedNovember 13, 1956

StatusPublished

This text of 2 A.D.2d 893 (Lieberman v. Stein) 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

Lieberman v. Stein, 2 A.D.2d 893, 156 N.Y.S.2d 452, 1956 N.Y. App. Div. LEXIS 3883 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action on contract to recover liquidated damages, the appeal is from so much of an order as denies a motion for summary judgment dismissing the complaint. Order insofar as appealed from affirmed, with $10 costs and disbursements. The making of the demand on the surety company on February 21, 1955 and appellant’s failure to pay the money into court until on or about April 4, 1955 are conceded. The tender and the payment into court constitute an affirmative defense which should have been pleaded to render evidence thereof admissible (Civ. Prac. Act, § 174-a). Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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In an action on contract to recover liquidated damages, the appeal is from so much of an order as denies a motion for summary judgment dismissing the complaint. Order insofar as appealed from affirmed, with $10 costs and disbursements. The making of the demand on the surety company on February 21, 1955 and appellant’s failure to pay the money into court until on or about April 4, 1955 are conceded. The tender and the payment into court constitute an affirmative defense which should have been pleaded to render evidence thereof admissible (Civ. Prac. Act, § 174-a). Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

2 A.D.2d 893, 156 N.Y.S.2d 452, 1956 N.Y. App. Div. LEXIS 3883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lieberman-v-stein-nyappdiv-1956.