Paine v. Solinger

Appellate Division of the Supreme Court of New York

Paine v. Solinger

87 A.D.2d 607, 450 N.Y.S.2d 415, 1982 N.Y. App. Div. LEXIS 15901

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

DecidedMarch 15, 1982

StatusPublished

This text of 87 A.D.2d 607 (Paine v. Solinger) 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

Paine v. Solinger, 87 A.D.2d 607, 450 N.Y.S.2d 415, 1982 N.Y. App. Div. LEXIS 15901 (N.Y. Ct. App. 1982).

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Opinion

In an action to rescind a contract for the sale of real property, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Jaspan, J.), entered September 16, 1981, as denied their motion for summary judgment as against the plaintiff. Order affirmed insofar as appealed from, with $50 costs and disbursements. There are triable issues of fact with respect to whether the alleged misrepresentations by the third-party defendant Coughlin were a material inducement to plaintiff’s execution of the contract (see Dress Shirt Sales v Hotel Martinique Assoc., 12 NY2d 339, 343; 24 NY Jur, Fraud and Deceit, § 163, at p 231; § 164). Weinstein, J. P., O’Connor, Bracken and Rubin, JJ., concur.

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In an action to rescind a contract for the sale of real property, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Jaspan, J.), entered September 16, 1981, as denied their motion for summary judgment as against the plaintiff. Order affirmed insofar as appealed from, with $50 costs and disbursements. There are triable issues of fact with respect to whether the alleged misrepresentations by the third-party defendant Coughlin were a material inducement to plaintiff’s execution of the contract (see Dress Shirt Sales v Hotel Martinique Assoc., 12 NY2d 339, 343; 24 NY Jur, Fraud and Deceit, § 163, at p 231; § 164). Weinstein, J. P., O’Connor, Bracken and Rubin, JJ., concur.

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Bluebook (online)

87 A.D.2d 607, 450 N.Y.S.2d 415, 1982 N.Y. App. Div. LEXIS 15901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paine-v-solinger-nyappdiv-1982.

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