Taylor v. Bowne

Appellate Division of the Supreme Court of New York

Taylor v. Bowne

50 A.D.2d 844, 376 N.Y.S.2d 596, 1975 N.Y. App. Div. LEXIS 11713

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

DecidedDecember 15, 1975

StatusPublished

This text of 50 A.D.2d 844 (Taylor v. Bowne) 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

Taylor v. Bowne, 50 A.D.2d 844, 376 N.Y.S.2d 596, 1975 N.Y. App. Div. LEXIS 11713 (N.Y. Ct. App. 1975).

Pincite

Opinion

— In an action inter alia to impress a constructive trust upon certain real property, defendant appeals from an order of the Supreme Court, Westchester County, dated April 17, 1973, which denied her motion for summary judgment and dismissal of the complaint. Order affirmed, without costs. The papers submitted on the motion present a question of fact as to whether defendant and plaintiff’s testatrix intended to enter into a novation, substituting the obligation to pay under a mortgage for the obligation to reconvey the real property in question upon request of plaintiff’s testatrix. Hopkins, Acting P. J., Cohalan, Christ and Brennan, JJ., concur; Shapiro, J., dissents -and votes to reverse the order and grant the motion, with the following memorandum: In my opinion, there was a novation in this case.

Free access — add to your briefcase to read the full text and ask questions with AI

— In an action inter alia to impress a constructive trust upon certain real property, defendant appeals from an order of the Supreme Court, Westchester County, dated April 17, 1973, which denied her motion for summary judgment and dismissal of the complaint. Order affirmed, without costs. The papers submitted on the motion present a question of fact as to whether defendant and plaintiff’s testatrix intended to enter into a novation, substituting the obligation to pay under a mortgage for the obligation to reconvey the real property in question upon request of plaintiff’s testatrix. Hopkins, Acting P. J., Cohalan, Christ and Brennan, JJ., concur; Shapiro, J., dissents -and votes to reverse the order and grant the motion, with the following memorandum: In my opinion, there was a novation in this case.

Cite This Page — Counsel Stack

Bluebook (online)

50 A.D.2d 844, 376 N.Y.S.2d 596, 1975 N.Y. App. Div. LEXIS 11713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-bowne-nyappdiv-1975.