Schwartz v. Title Guarantee & Trust Co.
This text of 221 A.D. 759 (Schwartz v. Title Guarantee & Trust Co.) 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.
Opinion
Judgment dismissmg the complaint upon the merits reversed upon the law, with ten dollars costs and disbursements, and motion for summary-judgment deMed, with ten dollars costs. We are of opinion that the complaint states a cause of action. There is nothing in the record to justify the conclusion, as matter of law, that plaintiff received title to all the property described in Ms agreement with the Flatlands Holding Corporation, and as shown upon the blue print. If there was negligence on the part of defendant, the principles of law enunciated in Ehmer v. Title Guarantee & Trust Co. (156 N. Y. 10) and Glyn v. Title Guarantee & Trust Co. (132 App. Div. 859) apply, notwithstanding the [760]*760provisions of sections 270 and 280 of the Penal Law. Kelly, P. J., Manning, Kapper, Lazansky and Hagarty, JJ., concur.
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221 A.D. 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-title-guarantee-trust-co-nyappdiv-1927.