Home/Appellate Division of the Supreme Court of New York/Ormond Realty Co. v. Consolidated Trimming Corp.

Ormond Realty Co. v. Consolidated Trimming Corp.

238 A.D. 118, 263 N.Y.S. 344, 1933 N.Y. App. Div. LEXIS 9432
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 7, 1933
StatusPublished
Cited by1 cases

This text of 238 A.D. 118 (Ormond Realty Co. v. Consolidated Trimming Corp.) 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
Ormond Realty Co. v. Consolidated Trimming Corp., 238 A.D. 118, 263 N.Y.S. 344, 1933 N.Y. App. Div. LEXIS 9432 (N.Y. Ct. App. 1933).

Opinions

Per Curiam.

The submission is incomplete. The letter, Exhibit “ C,” is ambiguous and its true meaning is not stipulated. There is also no stipulation that the letter was the cause of the subtenants’ refusal to pay rent. Only by inference could such facts be found. The court may not draw inferences of fact from the facts within the stipulated case. (Dreiser v. Lane Co., 183 App. Div. 773.)

The submission should be dismissed.

McAvoy, Martin, O'Malley and Townley, JJ., concur; Finch, P. J., dissents.

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Related

Town of Putnam Valley v. Slutzky
256 A.D. 929 (Appellate Division of the Supreme Court of New York, 1939)

Cite This Page — Counsel Stack

Bluebook (online)
238 A.D. 118, 263 N.Y.S. 344, 1933 N.Y. App. Div. LEXIS 9432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ormond-realty-co-v-consolidated-trimming-corp-nyappdiv-1933.