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Schoenfeld v. Atomic Products Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1972
38 A.D.2d 718 (N.Y. App. Div. 1972)

Opinion

January 3, 1972


In an action by a vendee for specific performance of a contract to sell real property, in which defendant counterclaimed to recover damages for fraud, defendant appeals from an order-judgment (one paper) of the Supreme Court, Suffolk County, entered April 14, 1971, which granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment. Order-judgment modified by striking therefrom all the decretal provisions other than the one which denied the cross motion and by adding thereto a provision that plaintiff's motion is denied. As so modified, order-judgment affirmed, without costs. The record presents disputed issues of fact as to plaintiff's alleged fraudulent misrepresentations ( Steinbruck v. Gazzara, 15 A.D.2d 507; Rizzi v. Sussman, 9 A.D.2d 961) and defendant's defenses of cancellation ( Royce v. Rymkevitch, 29 A.D.2d 1029) and laches ( Northern Operating Corp. v. Anopol, 25 A.D.2d 551). These issues should only be resolved after trial. Rabin, P.J., Hopkins, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

Schoenfeld v. Atomic Products Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1972
38 A.D.2d 718 (N.Y. App. Div. 1972)
Case details for

Schoenfeld v. Atomic Products Corp.

Case Details

Full title:RICHARD A. SCHOENFELD, Respondent, v. ATOMIC PRODUCTS CORP., Appellant

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

Date published: Jan 3, 1972

Citations

38 A.D.2d 718 (N.Y. App. Div. 1972)