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Commercial Investment Trust, v. Chiebnick

Supreme Court, Appellate Term, First Department
Nov 1, 1935
157 Misc. 274 (N.Y. App. Term 1935)

Opinion

November 1, 1935.

Appeal from the City Court of New York, County of New York.

Joseph G. Myerson [ Matthias Cook of counsel], for the appellant.

Eli Kriger, for the respondent.



We think that the agreement of January, 1932, was a gratuitous extension of time to defendant to pay his debt by reducing installments and that plaintiff was at liberty to disregard it and sue on the note. But the default on which plaintiff relied was waived by the acceptance of subsequent payments. Judgment modified so as to dismiss the complaint, without prejudice, and as modified affirmed, without costs of appeal.

All concur. Present — LYDON, CALLAHAN and SHIENTAG, JJ.


Summaries of

Commercial Investment Trust, v. Chiebnick

Supreme Court, Appellate Term, First Department
Nov 1, 1935
157 Misc. 274 (N.Y. App. Term 1935)
Case details for

Commercial Investment Trust, v. Chiebnick

Case Details

Full title:COMMERCIAL INVESTMENT TRUST, INCORPORATED, Appellant, v. HARRY CHIEBNICK…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 1, 1935

Citations

157 Misc. 274 (N.Y. App. Term 1935)
283 N.Y.S. 307