Treib & Brodsky, Inc. v. North

Appellate Division of the Supreme Court of New York

Treib & Brodsky, Inc. v. North

170 A.D. 955, 155 N.Y.S. 1144

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1915·Published

Opinion

Controversy determined in favor of plaintiff and against defendant, and judgment directed accordingly, without costs, upon the ground that under authority of De Peyster v. Murphy (66 N. Y. 622); Lathers v. Keogh (109 id. 583), and Doonan v. Killilea (87 Misc. Rep. 427), affirmed simultaneously [956] herewith it must be held that the assessment installments due after the closing day were nevertheless upon that day an incumbrance within the meaning of the contract. Jenks, P. J., Mills, Rich and Putnam, JJ., concurred; Thomas, J., not voting.

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Controversy determined in favor of plaintiff and against defendant, and judgment directed accordingly, without costs, upon the ground that under authority of De Peyster v. Murphy (66 N. Y. 622); Lathers v. Keogh (109 id. 583), and Doonan v. Killilea (87 Misc. Rep. 427), affirmed simultaneously [956] herewith it must be held that the assessment installments due after the closing day were nevertheless upon that day an incumbrance within the meaning of the contract. Jenks, P. J., Mills, Rich and Putnam, JJ., concurred; Thomas, J., not voting.

Treib & Brodsky, Inc. v. North, 170 A.D. 955, 155 N.Y.S. 1144 (N.Y. Ct. App. 1915).

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Opinion

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