Suderov v. Community Founders, Inc.

Appellate Division of the Supreme Court of New York

Suderov v. Community Founders, Inc.

15 A.D.2d 889, 225 N.Y.S.2d 272, 1962 N.Y. App. Div. LEXIS 11049

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

DecidedMarch 8, 1962

StatusPublished

This text of 15 A.D.2d 889 (Suderov v. Community Founders, Inc.) 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

Suderov v. Community Founders, Inc., 15 A.D.2d 889, 225 N.Y.S.2d 272, 1962 N.Y. App. Div. LEXIS 11049 (N.Y. Ct. App. 1962).

Pincite

Opinion

In our opinion, the record presents issues of fact which should be resolved after a plenary trial, and neither party is entitled to summary judgment. Sufficient to require a trial, at the least, is the issue of whether defendant did give plaintiffs any release of restrictions when plaintiffs paid $1,250 to defendant; as well as what restrictions defendant agreed to remove and the exact nature of the restrictions plaintiffs sought to be removed. Concur •—Botein, P. J., Rabin, Valente, Eager and Bergan, JJ.

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In our opinion, the record presents issues of fact which should be resolved after a plenary trial, and neither party is entitled to summary judgment. Sufficient to require a trial, at the least, is the issue of whether defendant did give plaintiffs any release of restrictions when plaintiffs paid $1,250 to defendant; as well as what restrictions defendant agreed to remove and the exact nature of the restrictions plaintiffs sought to be removed. Concur •—Botein, P. J., Rabin, Valente, Eager and Bergan, JJ.

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Bluebook (online)

15 A.D.2d 889, 225 N.Y.S.2d 272, 1962 N.Y. App. Div. LEXIS 11049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suderov-v-community-founders-inc-nyappdiv-1962.