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Farlou Realty Corp. v. Woodsam Associates, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1943
266 App. Div. 989 (N.Y. App. Div. 1943)

Opinion

November 12, 1943.

Appeal from Supreme Court, New York County.

Present — Martin, P.J., Glennon, Untermyer, Dore and Callahan, JJ.; Martin, P.J., taking no part.


Whether proof that the primary and principal purposes of the lease involved herein were those which plaintiff pleads in its complaint, and whether such purposes were frustrated by governmental orders enacted as war measures should await trial. Proof of circumstances showing such primary and principal purposes will be competent, unless such proof contradicts written provisions of the lease. The question as to whether the proof would violate the parol evidence rule may best be determined upon the trial of the action. Treating the matter as one of pleading, the complaint on its face is sufficient, and the particular matters sought to be stricken out appear relevant and proper.

The order should be affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within ten days after service of order, on payment of said costs.


Order unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within ten days after service of order on payment of said costs. [ 180 Misc. 629.]


Summaries of

Farlou Realty Corp. v. Woodsam Associates, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1943
266 App. Div. 989 (N.Y. App. Div. 1943)
Case details for

Farlou Realty Corp. v. Woodsam Associates, Inc.

Case Details

Full title:FARLOU REALTY CORPORATION et al., Respondents, v. WOODSAM ASSOCIATES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 12, 1943

Citations

266 App. Div. 989 (N.Y. App. Div. 1943)