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Minogue v. Gehlert

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 1952
280 App. Div. 908 (N.Y. App. Div. 1952)

Opinion

September 24, 1952.

Appeal from Supreme Court, Ulster County.


The complaint alleges the sale of certain lands by the plaintiff to the defendants Gehlert and that by mistake certain lands not intended by the parties to be included in the sale were actually conveyed by the deed. The complaint seeks reformation or rescission. The answer admits the mistaken inclusion of certain lands in the deed which were not part of the purchase, but denies certain other allegations and does not consent to the relief sought. The answer also contains a counterclaim alleging misrepresentation as to the acreage and seeking damages. Upon this motion the pleadings as a whole must be considered and judgment on the pleadings should be granted only if all the rights of all the parties may be completely determined. We think there are questions here which may be resolved only after the examination of a trial and that the court below properly decided the motion. Order affirmed, with $10 costs. Foster, P.J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part.


Summaries of

Minogue v. Gehlert

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 1952
280 App. Div. 908 (N.Y. App. Div. 1952)
Case details for

Minogue v. Gehlert

Case Details

Full title:MARTIN MINOGUE, Appellant, v. JOHN C. GEHLERT et al., Respondents, et al.…

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

Date published: Sep 24, 1952

Citations

280 App. Div. 908 (N.Y. App. Div. 1952)