Lutsky v. Dunscombe

Appellate Division of the Supreme Court of New York

Lutsky v. Dunscombe

234 A.D. 620

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

DecidedJuly 15, 1931

StatusPublished

This text of 234 A.D. 620 (Lutsky v. Dunscombe) 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

Lutsky v. Dunscombe, 234 A.D. 620 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The evidence herein does not establish the special agreement sued upon, nor does it establish a breach of such a special agreement by defendants after a performance thereof on the part of the plaintiff, there being no proof of tender of performance by the plaintiff. In view of this disposition of the ease, the appeal from the order denying a motion for a new trial is dismissed. Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

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Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The evidence herein does not establish the special agreement sued upon, nor does it establish a breach of such a special agreement by defendants after a performance thereof on the part of the plaintiff, there being no proof of tender of performance by the plaintiff. In view of this disposition of the ease, the appeal from the order denying a motion for a new trial is dismissed. Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

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Bluebook (online)

234 A.D. 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lutsky-v-dunscombe-nyappdiv-1931.