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Berger v. Urban

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1923
207 App. Div. 828 (N.Y. App. Div. 1923)

Opinion

October, 1923.


Order affirmed as to the first cause of action, and reversed upon the law as to the second cause of action, without costs to either party as against the other. Motion for stay granted, both parties to have twenty days' time within which to plead anew. Rich, Manning, Kelby and Young, JJ., concur; Kelly, P.J., dissents from affirmance as to the first cause of action, being of opinion that the plaintiff has failed to allege due performance on his part of the condition of the contract as required by rule 92 of the rules of Civil Practice. Settle order on notice before Mr. Justice Manning.


Summaries of

Berger v. Urban

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1923
207 App. Div. 828 (N.Y. App. Div. 1923)
Case details for

Berger v. Urban

Case Details

Full title:PAUL H. BERGER, Respondent, v. CHARLES URBAN, Appellant

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

Date published: Oct 1, 1923

Citations

207 App. Div. 828 (N.Y. App. Div. 1923)