Aviation Training Corp. v. Gargiulo

Full title: AVIATION TRAINING CORPORATION, Respondent, v. ANTONIO GARGIULO, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 9, 1945

184 Misc. 198 (N.Y. App. Term 1945)

53 N.Y.S.2d 141

Opinion

January 9, 1945.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GENUNG, J.

James J. Beha and Robert E. Moore for appellant.

Reuben S. Levins for respondent.

MEMORANDUM

Per Curiam.

A triable issue of fact is presented as to whether the defendant signed as a party to the contract in the sense of being bound thereby, or whether he merely signed in the belief his approval to his son's signing the contract, because of nonage, was required. It was error, therefore, to treat the defense as sham and to grant summary judgment.

The judgment and order should be reversed, with $10 costs to appellant to abide the event, and motion denied.

HAMMER, McLAUGHLIN and EDER, JJ., concur.

Judgment and order reversed, etc.