Porter v. New Paltz Savings Bank

Appellate Division of the Supreme Court of New York

Porter v. New Paltz Savings Bank

254 A.D. 587, 4 N.Y.S.2d 160, 1938 N.Y. App. Div. LEXIS 6669

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1938·Published

Opinion

In an action for the recovery of damages for the breach of a written contract of sale whereby the plaintiff agreed to purchase and the defendant agreed to sell real property, order denying the defendant’s motion to dismiss the complaint and granting plaintiff’s motion for summary judgment, striking out the answer and counterclaim of the defendant and awarding the plaintiff judgment for an amount equal to the difference between the contract price and the market value of the propérty, and referring the issue of the amount of damages to an official referee, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty* Davis, Johnston and Clbse, JJ., concur.

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In an action for the recovery of damages for the breach of a written contract of sale whereby the plaintiff agreed to purchase and the defendant agreed to sell real property, order denying the defendant’s motion to dismiss the complaint and granting plaintiff’s motion for summary judgment, striking out the answer and counterclaim of the defendant and awarding the plaintiff judgment for an amount equal to the difference between the contract price and the market value of the propérty, and referring the issue of the amount of damages to an official referee, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty* Davis, Johnston and Clbse, JJ., concur.

Porter v. New Paltz Savings Bank, 254 A.D. 587, 4 N.Y.S.2d 160, 1938 N.Y. App. Div. LEXIS 6669 (N.Y. Ct. App. 1938).

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254 A.D. 587 (Porter v. New Paltz Savings Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.