Post Institute, Inc. v. Lander Co.

Appellate Division of the Supreme Court of New York

Post Institute, Inc. v. Lander Co.

251 A.D. 23, 295 N.Y.S. 740, 1937 N.Y. App. Div. LEXIS 6850

Appellate Division of the Supreme Court of the State of New York·Decided May 7, 1937·Published·Cited by 3 cases

Opinion

Per Curiam.

Issues of fact were raised, including the issue as to whether or not a binding agreement had been made. The terms of the claimed stipulation of settlement were not complete as to all details, and plaintiffs’ position at no time was changed or prejudiced in any way. Accordingly judgment should not have been entered in plaintiffs’ favor.

The order and final judgment appealed from should be reversed, with costs, and the motion denied.

Present'—Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

Judgment and order unanimously reversed, with costs, and motion denied.,

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Per Curiam.

Issues of fact were raised, including the issue as to whether or not a binding agreement had been made. The terms of the claimed stipulation of settlement were not complete as to all details, and plaintiffs’ position at no time was changed or prejudiced in any way. Accordingly judgment should not have been entered in plaintiffs’ favor.

The order and final judgment appealed from should be reversed, with costs, and the motion denied.

Present'—Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

Judgment and order unanimously reversed, with costs, and motion denied.,

Post Institute, Inc. v. Lander Co., 251 A.D. 23, 295 N.Y.S. 740, 1937 N.Y. App. Div. LEXIS 6850 (N.Y. Ct. App. 1937).

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