Rifkin v. Ed Zit Holding Corporation

New York Court of Appeals

Rifkin v. Ed Zit Holding Corporation

175 N.E. 315, 255 N.Y. 565, 1930 N.Y. LEXIS 770

DecidedNovember 25, 1930

StatusPublished

This text of 175 N.E. 315 (Rifkin v. Ed Zit Holding Corporation) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rifkin v. Ed Zit Holding Corporation, 175 N.E. 315, 255 N.Y. 565, 1930 N.Y. LEXIS 770 (N.Y. 1930).

Pincite

Opinion

Motion by respondent for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 254 N. Y. 352.)

Motion by appellant to amend remittitur. (See 254 N. Y. 352.)

Motion granted, recall of remittitur requested, and when recalled, it will be amended to read as follows:

“ The judgment of the Appellate Division, entered upon its order of November 1, 1929, should be reversed, and the order of the Special Term affirmed, with costs in the Appellate Division and in this court.

“ The order of the Appellate Division dated February 15, 1929, should also be reversed in so far as it strikes out the defendant’s second defense of substantial performance and dismisses the first counterclaim for specific performance, *566 and also in so far as it awards costs against the defendant, and costs and disbursements of said appeal in the Appellate Division are awarded in favor of said defendant.”

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