XYX Realty Corp. v. Federman

Appellate Division of the Supreme Court of New York

XYX Realty Corp. v. Federman

9 A.D.2d 912, 195 N.Y.S.2d 15, 1959 N.Y. App. Div. LEXIS 5595

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

DecidedDecember 14, 1959

StatusPublished

This text of 9 A.D.2d 912 (XYX Realty Corp. v. Federman) 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

XYX Realty Corp. v. Federman, 9 A.D.2d 912, 195 N.Y.S.2d 15, 1959 N.Y. App. Div. LEXIS 5595 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal (1) from an order granting respondent’s motion for partial summary judgment striking out the answer to the fourth cause of action alleged in the complaint, and (2) from the judgment entered thereon. In the fourth cause of action the respondent sought to recover $2,500 paid by check on account of a contract for the purchase of real property. Payment of the check had been stopped. Order and judgment reversed, with one bill of $10 costs and disbursements, and motion denied. In our opinion, the affidavits raise triable issues of fact. Rolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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Appeal (1) from an order granting respondent’s motion for partial summary judgment striking out the answer to the fourth cause of action alleged in the complaint, and (2) from the judgment entered thereon. In the fourth cause of action the respondent sought to recover $2,500 paid by check on account of a contract for the purchase of real property. Payment of the check had been stopped. Order and judgment reversed, with one bill of $10 costs and disbursements, and motion denied. In our opinion, the affidavits raise triable issues of fact. Rolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

9 A.D.2d 912, 195 N.Y.S.2d 15, 1959 N.Y. App. Div. LEXIS 5595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/xyx-realty-corp-v-federman-nyappdiv-1959.