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Pennington v. Ziman

13 A.D.2d 769, 216 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 10593
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 29, 1961
StatusPublished
Cited by3 cases

This text of 13 A.D.2d 769 (Pennington v. Ziman) 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
Pennington v. Ziman, 13 A.D.2d 769, 216 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 10593 (N.Y. Ct. App. 1961).

Opinion

Order entered on July 28, 1960, denying defendant’s motion to dismiss the complaint under rule 106 and subdivision 4 of rule 107 of the Rules of Civil Practice, unanimously reversed, on the law, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs, with leave, however, for the plaintiff-respondent to replead, if so advised, upon a showing by allegation of ultimate facts that a rescission of the agreement would accomplish some proper purpose, since equity will not suffer the making of a vain arder. (Cf. Sivakoff v. Sivakoff, 280 App. Div. 106, 108.) Concur — Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
13 A.D.2d 769, 216 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 10593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennington-v-ziman-nyappdiv-1961.