Soine v. Atlantis Sales Corp.

Appellate Division of the Supreme Court of New York

Soine v. Atlantis Sales Corp.

259 A.D. 228, 19 N.Y.S.2d 78, 1940 N.Y. App. Div. LEXIS 6100

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

DecidedApril 5, 1940

StatusPublished

This text of 259 A.D. 228 (Soine v. Atlantis Sales Corp.) 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

Soine v. Atlantis Sales Corp., 259 A.D. 228, 19 N.Y.S.2d 78, 1940 N.Y. App. Div. LEXIS 6100 (N.Y. Ct. App. 1940).

Pincite

Opinion

Per Curiam.

Without consideration of the other questions presented, the order should be reversed and the motion denied for the reason that the complaint alleges that the defendant’s obligation under the modified contract was assumed “ for mutual considerations moving from each to the other ” party. (California Packing Corp. v. Kelly S. & D. Co., 228 N. Y. 49.)

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied, with leave to the defendant to answer within ten days after service of order with notice of entry thereof, on payment of said costs.

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

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied, with leave to the defendant to answer within ten days after service of order on payment of said costs.

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