New Dorp Coal Corp. v. Frankel

New York Court of Appeals

New Dorp Coal Corp. v. Frankel

24 N.E.2d 326, 281 N.Y. 550, 1939 N.Y. LEXIS 1046

DecidedNovember 28, 1939

StatusPublished

This text of 24 N.E.2d 326 (New Dorp Coal Corp. v. Frankel) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New Dorp Coal Corp. v. Frankel, 24 N.E.2d 326, 281 N.Y. 550, 1939 N.Y. LEXIS 1046 (N.Y. 1939).

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Opinion

Per Curiam.

The contract in question is ambiguous. It was, therefore, error to strike out the first affirmative defense in the appellants’ answer and to grant summary judgment in favor of the plaintiff.

The order striking out the first affirmative defense in appellant’s answer should be reversed and the motion denied. Summary judgment in favor of the plaintiff should be reversed and a trial ordered, with costs to abide the event. J. * - •

Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ., concur; O’Brien, J., taking no part.

Ordered accordingly.

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Per Curiam.

The contract in question is ambiguous. It was, therefore, error to strike out the first affirmative defense in the appellants’ answer and to grant summary judgment in favor of the plaintiff.

The order striking out the first affirmative defense in appellant’s answer should be reversed and the motion denied. Summary judgment in favor of the plaintiff should be reversed and a trial ordered, with costs to abide the event. J. * - •

Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ., concur; O’Brien, J., taking no part.

Ordered accordingly.

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Bluebook (online)

24 N.E.2d 326, 281 N.Y. 550, 1939 N.Y. LEXIS 1046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-dorp-coal-corp-v-frankel-ny-1939.