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Nicholas v. Xander Corporation

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 824 (N.Y. App. Div. 1991)

Opinion

January 28, 1991

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the order and judgment is affirmed, with costs.

Under the terms of the subscription agreement entered into by the plaintiff and her late husband, both parties became jointly and severally liable for the purchase of the subject apartment. As the death of a joint obligor cannot void the obligation (General Obligations Law § 15-106), we find that the Supreme Court properly dismissed the complaint for failure to state a cause of action. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

Nicholas v. Xander Corporation

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 824 (N.Y. App. Div. 1991)
Case details for

Nicholas v. Xander Corporation

Case Details

Full title:LORRAINE NICHOLAS, Appellant, v. XANDER CORPORATION, Respondent

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

Date published: Jan 28, 1991

Citations

169 A.D.2d 824 (N.Y. App. Div. 1991)
565 N.Y.S.2d 193