Wollstadt v. Sigelman

Appellate Division of the Supreme Court of New York

Wollstadt v. Sigelman

229 A.D. 792

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

DecidedMay 15, 1930

StatusPublished

This text of 229 A.D. 792 (Wollstadt v. Sigelman) 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

Wollstadt v. Sigelman, 229 A.D. 792 (N.Y. Ct. App. 1930).

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Opinion

Order reversed upon the law and the facts, without costs, and motion granted, without costs, to the extent of striking from the complaint the allegations contained in [793]*793paragraph 12; defendant to serve his answer within ten days from the entry of the order herein. We are of opinion that the allegations contained in paragraph 12, to the effect that the loan was usurious, have no place in an action brought for the specific performance of a contract. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.

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Order reversed upon the law and the facts, without costs, and motion granted, without costs, to the extent of striking from the complaint the allegations contained in [793]*793paragraph 12; defendant to serve his answer within ten days from the entry of the order herein. We are of opinion that the allegations contained in paragraph 12, to the effect that the loan was usurious, have no place in an action brought for the specific performance of a contract. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.

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Bluebook (online)

229 A.D. 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wollstadt-v-sigelman-nyappdiv-1930.