Woodhaven Housing Corp. v. Kaiser

Appellate Division of the Supreme Court of New York

Woodhaven Housing Corp. v. Kaiser

251 A.D. 869, 298 N.Y.S. 499, 1937 N.Y. App. Div. LEXIS 8027

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

DecidedJune 25, 1937

StatusPublished

This text of 251 A.D. 869 (Woodhaven Housing Corp. v. Kaiser) 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

Woodhaven Housing Corp. v. Kaiser, 251 A.D. 869, 298 N.Y.S. 499, 1937 N.Y. App. Div. LEXIS 8027 (N.Y. Ct. App. 1937).

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Opinion

Judgment striking from certain mortgage assignments the provisions of guaranty contained therein on a prior separate trial of the issues raised by plaintiff’s reply to defendant’s counterclaim that said guaranties were not the subject of agreement between the parties, unanimously affirmed, with costs. There seems to have been no severance of the issues directed to be separately tried at Special Term, pending which the issue raised by the complaint and answer were stayed. No question is raised as to the propriety of the practice of entering the judgment upon the determination of these issues directed to be separately tried rather than proceeding with the trial of the other issue before a judgment be entered. It will be assumed a [870]*870severance has been effected. The determination of the trial court of the issue of fact as to whether or not the provisions respecting guaranty were properly inserted in the instruments may not be said to be contrary to the weight of evidence. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ.

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Judgment striking from certain mortgage assignments the provisions of guaranty contained therein on a prior separate trial of the issues raised by plaintiff’s reply to defendant’s counterclaim that said guaranties were not the subject of agreement between the parties, unanimously affirmed, with costs. There seems to have been no severance of the issues directed to be separately tried at Special Term, pending which the issue raised by the complaint and answer were stayed. No question is raised as to the propriety of the practice of entering the judgment upon the determination of these issues directed to be separately tried rather than proceeding with the trial of the other issue before a judgment be entered. It will be assumed a [870]*870severance has been effected. The determination of the trial court of the issue of fact as to whether or not the provisions respecting guaranty were properly inserted in the instruments may not be said to be contrary to the weight of evidence. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ.

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Bluebook (online)

251 A.D. 869, 298 N.Y.S. 499, 1937 N.Y. App. Div. LEXIS 8027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodhaven-housing-corp-v-kaiser-nyappdiv-1937.