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Alpert v. Roulstone

Supreme Court, Appellate Term, Second Department
Aug 7, 1958
13 Misc. 2d 316 (N.Y. App. Term 1958)

Opinion

August 7, 1958

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, MURRAY H. PEARLMAN, J.

Borris M. Komar for appellant.

Frank Leavitt for respondents.


As a matter of law, the guarantee of defendant's testator dated February 20, 1942, did not encompass work delivered by plaintiffs in January of 1944 and thereafter. The words "at this time" restricted the operation of the guarantee to cases which might be sent to plaintiffs within a reasonable time after February 20, 1942. Cases sent some two years later do not fall within such period.

The judgment should be unanimously reversed upon the law and the facts, with $30 costs to defendant, and complaint dismissed, with appropriate costs in the court below.

Concur — PETTE, HART and BROWN, JJ.

Judgment reversed, etc.


Summaries of

Alpert v. Roulstone

Supreme Court, Appellate Term, Second Department
Aug 7, 1958
13 Misc. 2d 316 (N.Y. App. Term 1958)
Case details for

Alpert v. Roulstone

Case Details

Full title:RUBIN ALPERT et al., Copartners Doing Business as ALPERT PRESS…

Court:Supreme Court, Appellate Term, Second Department

Date published: Aug 7, 1958

Citations

13 Misc. 2d 316 (N.Y. App. Term 1958)
179 N.Y.S.2d 944