Radnitz v. Electric Power & Light Corp.

Appellate Division of the Supreme Court of New York

Radnitz v. Electric Power & Light Corp.

259 A.D. 867, 20 N.Y.S.2d 400, 1940 N.Y. App. Div. LEXIS 7038

Appellate Division of the Supreme Court of the State of New York·Decided May 10, 1940·Published

Opinion

The record presents an issue of fact which cannot be determined on a motion for summary judgment concerning the meaning to be attributed to the option warrants. Judgment reversed, without costs, and the order, to the extent that it denies the plaintiff’s motion for summary judgment, affirmed and, to the extent that it grants the defendant’s cross-motion for summary judgment dismissing the complaint, reversed and the cross-motion denied. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.; Glennon and Dore, JJ., dissent and vote to affirm.

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The record presents an issue of fact which cannot be determined on a motion for summary judgment concerning the meaning to be attributed to the option warrants. Judgment reversed, without costs, and the order, to the extent that it denies the plaintiff’s motion for summary judgment, affirmed and, to the extent that it grants the defendant’s cross-motion for summary judgment dismissing the complaint, reversed and the cross-motion denied. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.; Glennon and Dore, JJ., dissent and vote to affirm.

Radnitz v. Electric Power & Light Corp., 259 A.D. 867, 20 N.Y.S.2d 400, 1940 N.Y. App. Div. LEXIS 7038 (N.Y. Ct. App. 1940).

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259 A.D. 867 (Radnitz v. Electric Power & Light Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.