Equity Service Corporation v. Agull

Full title: EQUITY SERVICE CORPORATION, Appellant, v. MILTON AGULL, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 6, 1936

158 Misc. 780 (N.Y. App. Term 1936)

286 N.Y.S. 379

Opinion

March 6, 1936.

Appeal from the Municipal Court of City of New York, Borough of Manhattan, Third District.

Samuel Firestone, for the appellant.

Arthur Rosenzweig, for the respondent.

PER CURIAM.

The transaction was not one of insurance. We also find that it was not tainted with usury. The motion to dismiss upon the ground of a binding provision to arbitrate was not renewed and must be regarded as waived.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff for the relief demanded in the complaint.

All concur. Present — LYDON, HAMMER and FRANKENTHALER, JJ.