Simon v. Lagin

Appellate Division of the Supreme Court of New York

Simon v. Lagin

282 A.D. 1065, 126 N.Y.S.2d 916, 1953 N.Y. App. Div. LEXIS 5836

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 1953

StatusPublished

This text of 282 A.D. 1065 (Simon v. Lagin) 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.

Bluebook

Simon v. Lagin, 282 A.D. 1065, 126 N.Y.S.2d 916, 1953 N.Y. App. Div. LEXIS 5836 (N.Y. Ct. App. 1953).

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Opinion

Action No, 1 is by the sellers of real property to foreclose a purchase-money mortgage, and Action No. 2 is by the purchaser to recover damages for fraud inducing the purchase, in which action defendants Simon plead a counterclaim against their codefendant for recovery over if plaintiff should recover against them. The actions were consolidated. Action No. 2 was tried first by the court and a jury, and the court dismissed the complaint and the counterclaim at the end of the plaintiff’s ease. Action No. 1 was then tried by the court and the court granted judgment in favor of plaintiffs. Defendants Lagin in Action No. 1 and plaintiff Edward Lagin in Action No. 2 appeal from the judgment entered thereon. Judgment unanimously affirmed, with one bill of costs. No opinion. Present — Nolan, P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ.

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Action No, 1 is by the sellers of real property to foreclose a purchase-money mortgage, and Action No. 2 is by the purchaser to recover damages for fraud inducing the purchase, in which action defendants Simon plead a counterclaim against their codefendant for recovery over if plaintiff should recover against them. The actions were consolidated. Action No. 2 was tried first by the court and a jury, and the court dismissed the complaint and the counterclaim at the end of the plaintiff’s ease. Action No. 1 was then tried by the court and the court granted judgment in favor of plaintiffs. Defendants Lagin in Action No. 1 and plaintiff Edward Lagin in Action No. 2 appeal from the judgment entered thereon. Judgment unanimously affirmed, with one bill of costs. No opinion. Present — Nolan, P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ.

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Bluebook (online)

282 A.D. 1065, 126 N.Y.S.2d 916, 1953 N.Y. App. Div. LEXIS 5836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-lagin-nyappdiv-1953.