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Elmhurst-Hampton Holding Corp. v. Colwyn Realty

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 853 (N.Y. App. Div. 1930)

Opinion

March, 1930.


Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. We are of opinion that a new trial should be had in the interest of justice, so that inquiry may be definitely and specifically made as to the conversations which appellant Schlenger claims he had with Meyer regarding the completion of the apartment house on parcel 1, and the agreement to release the mortgage on parcel 2. Whether Meyer at folio 515 of the record denied the claims of Schlenger in all respects is disputed upon this appeal. This matter is of the greatest importance and should not be allowed to rest in doubt. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur. Settle order on notice.


Summaries of

Elmhurst-Hampton Holding Corp. v. Colwyn Realty

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 853 (N.Y. App. Div. 1930)
Case details for

Elmhurst-Hampton Holding Corp. v. Colwyn Realty

Case Details

Full title:ELMHURST-HAMPTON HOLDING CORPORATION, Respondent, v. COLWYN REALTY CO.…

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

Date published: Mar 1, 1930

Citations

228 App. Div. 853 (N.Y. App. Div. 1930)