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Falk v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1959
7 A.D.2d 1014 (N.Y. App. Div. 1959)

Opinion

March 16, 1959


Action by the vendee named in a contract for the purchase and sale of real property to recover money deposited upon the execution thereof on the ground that he was unable to obtain a mortgage loan as provided in the contract. The action is against a third-party depositary who held the money under an escrow agreement. The appeal is from an order granting a motion for summary judgment striking out the answer, and from the judgment entered thereon. Order and judgment affirmed, with $10 costs and disbursements. No opinion. Beldock, Murphy, Ughetta and Hallinan, JJ., concur; Nolan, P.J., dissents and votes to reverse the order, to deny the motion and to vacate the judgment, with the following memorandum: The question whether respondent made a bona fide effort to procure the mortgage, which he now claims he was unable to obtain (cf. Wigand v. Bachmannn-Bechtel Brewing Co., 222 N.Y. 272, 277), should not be summarily decided on a motion pursuant to rule 113 of the Rules of Civil Practice (cf. Suslensky v. Metropolitan Life Ins. Co., 180 Misc. 624, 626, affd. 267 App. Div. 812; Newman v. Newark Fire Ins. Co., 281 App. Div. 852; Rosenthal v. Horlick, 7 A.D.2d 924). [ 14 Misc.2d 964.]


Summaries of

Falk v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1959
7 A.D.2d 1014 (N.Y. App. Div. 1959)
Case details for

Falk v. Goodman

Case Details

Full title:DAVID FALK et al., Respondents, v. MEYER F. GOODMAN, Appellant

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

Date published: Mar 16, 1959

Citations

7 A.D.2d 1014 (N.Y. App. Div. 1959)