South Shore Thrift Corp. v. National Bank

Appellate Division of the Supreme Court of New York

South Shore Thrift Corp. v. National Bank

245 A.D. 754

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1935·Published

Opinion

Order granting respondent’s motion for summary judgment and judgment entered thereon unanimously affirmed, with ten dollars costs and disbursements. We are of opinion that not only does this complaint fail to allege a cause of action based on fraud, but that, in any event, reformation of the 'written contract with respect [755]*755to the question of notice was a prerequisite to recovery thereon. (Adams v. Gillig, 199 N. Y. 314, 318.) Present — Lazansky, P. J., Young, Hagarty, Tompkins and Johnston, JJ.

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Order granting respondent’s motion for summary judgment and judgment entered thereon unanimously affirmed, with ten dollars costs and disbursements. We are of opinion that not only does this complaint fail to allege a cause of action based on fraud, but that, in any event, reformation of the 'written contract with respect [755]*755to the question of notice was a prerequisite to recovery thereon. (Adams v. Gillig, 199 N. Y. 314, 318.) Present — Lazansky, P. J., Young, Hagarty, Tompkins and Johnston, JJ.

South Shore Thrift Corp. v. National Bank, 245 A.D. 754 (N.Y. Ct. App. 1935).

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Opinion

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