Morgenstern v. Webb & Knapp, Inc.

Appellate Division of the Supreme Court of New York

Morgenstern v. Webb & Knapp, Inc.

6 A.D.2d 680, 174 N.Y.S.2d 449, 1958 N.Y. App. Div. LEXIS 5862

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

DecidedMay 20, 1958

StatusPublished

This text of 6 A.D.2d 680 (Morgenstern v. Webb & Knapp, Inc.) 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

Morgenstern v. Webb & Knapp, Inc., 6 A.D.2d 680, 174 N.Y.S.2d 449, 1958 N.Y. App. Div. LEXIS 5862 (N.Y. Ct. App. 1958).

Pincite

Opinion

The agreement herein involved is ambiguous and the affidavits submitted are insufficient to establish what the parties actually intended. However there may be evidence available which possibly might resolve the ambiguity. The order appealed from is modified on the law so as to strike therefrom the paragraph granting defendant’s motion for summary judgment dismissing the complaint and directing that judgment be entered thereon. As thus modified the order is affirmed. The judgment entered pursuant to the order granting summary judgment is vacated. No costs. Settle order. Concur — Botein, P. J., Rabin, Frank, McNally and Stevens, JJ.

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The agreement herein involved is ambiguous and the affidavits submitted are insufficient to establish what the parties actually intended. However there may be evidence available which possibly might resolve the ambiguity. The order appealed from is modified on the law so as to strike therefrom the paragraph granting defendant’s motion for summary judgment dismissing the complaint and directing that judgment be entered thereon. As thus modified the order is affirmed. The judgment entered pursuant to the order granting summary judgment is vacated. No costs. Settle order. Concur — Botein, P. J., Rabin, Frank, McNally and Stevens, JJ.

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Bluebook (online)

6 A.D.2d 680, 174 N.Y.S.2d 449, 1958 N.Y. App. Div. LEXIS 5862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgenstern-v-webb-knapp-inc-nyappdiv-1958.