One Fifty-Seven Prince Street Corp. v. Michelini

Appellate Division of the Supreme Court of New York

One Fifty-Seven Prince Street Corp. v. Michelini

269 A.D. 967, 58 N.Y.S.2d 359, 1945 N.Y. App. Div. LEXIS 4786

Appellate Division of the Supreme Court of the State of New York·Decided November 2, 1945·Published

Opinion

Per Curiam.

We think summary judgment was properly denied. We do not, however, adopt the opinion or reasoning of the learned Special Term. The facts and circumstances evidencing the intentions of the parties should be developed upon a trial.

Accordingly, the order appealed from denying plaintiff’s motion for summary judgment should be affirmed, without costs.

Martin, P. J., Dore, Cohn, Callahan and Wasservogel, JJ., concur.

Order unanimously affirmed, without costs. [184 Misc. 405.]

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Per Curiam.

We think summary judgment was properly denied. We do not, however, adopt the opinion or reasoning of the learned Special Term. The facts and circumstances evidencing the intentions of the parties should be developed upon a trial.

Accordingly, the order appealed from denying plaintiff’s motion for summary judgment should be affirmed, without costs.

Martin, P. J., Dore, Cohn, Callahan and Wasservogel, JJ., concur.

Order unanimously affirmed, without costs. [184 Misc. 405.]

One Fifty-Seven Prince Street Corp. v. Michelini, 269 A.D. 967, 58 N.Y.S.2d 359, 1945 N.Y. App. Div. LEXIS 4786 (N.Y. Ct. App. 1945).

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Opinion

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