Morse v. Rast, Inc.

Appellate Division of the Supreme Court of New York

Morse v. Rast, Inc.

285 A.D. 1067, 139 N.Y.S.2d 925, 1955 N.Y. App. Div. LEXIS 6687

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

DecidedApril 11, 1955

StatusPublished

This text of 285 A.D. 1067 (Morse v. Rast, 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

Morse v. Rast, Inc., 285 A.D. 1067, 139 N.Y.S.2d 925, 1955 N.Y. App. Div. LEXIS 6687 (N.Y. Ct. App. 1955).

Pincite

Opinion

In an action to recover damages on the ground of fraud, defendant Rast, Inc., appeals from an order denying its motion for summary judgment. The alleged fraud was misrepresentation by said defendant with respect to the heating system in a dwelling being built and sold by it to plaintiffs. The motion was based mainly on (1) a provision in the contract of sale that, upon acceptance by the purchasers of a deed, the seller shall be deemed to have fully performed; and (2) a release which was executed by plaintiffs at the time of the closing of title. Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., MacCrate, Schmidt, Beldock and Ughetta, JJ., concur. [See post, p. 1174.]

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In an action to recover damages on the ground of fraud, defendant Rast, Inc., appeals from an order denying its motion for summary judgment. The alleged fraud was misrepresentation by said defendant with respect to the heating system in a dwelling being built and sold by it to plaintiffs. The motion was based mainly on (1) a provision in the contract of sale that, upon acceptance by the purchasers of a deed, the seller shall be deemed to have fully performed; and (2) a release which was executed by plaintiffs at the time of the closing of title. Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., MacCrate, Schmidt, Beldock and Ughetta, JJ., concur. [See post, p. 1174.]

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Bluebook (online)

285 A.D. 1067, 139 N.Y.S.2d 925, 1955 N.Y. App. Div. LEXIS 6687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morse-v-rast-inc-nyappdiv-1955.