97 Bleecker Street, Inc. v. Ess Dee Gee Co.

Full title: 97 BLEECKER STREET, INC., Appellant, v. ESS DEE GEE CO., INC., Respondent

Court: Court of Appeals of the State of New York

Date published: Nov 19, 1929

252 N.Y. 555 (N.Y. 1929)

Opinion

Argued October 15, 1929

Decided November 19, 1929

Appeal from the Supreme Court, Appellate Division, First Department.

Henry C. Burnstine and Emanuel J. Freiberg for appellant.

Herman Gottlieb for respondent.

Judgment of the Appellate Division and that of the Trial Term modified by offsetting against the judgment in favor of the defendant upon its counterclaim the installments of interest accruing upon the deposit of $25,000 at or before the commencement of the action, viz., the sum of $2,500, and as modified affirmed, without costs; no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.