Pedone v. Title Guarantee Trust Co.

Full title: JACK PEDONE, Respondent, v. TITLE GUARANTEE AND TRUST COMPANY, Appellant

Court: Court of Appeals of the State of New York

Date published: Feb 28, 1939

19 N.E.2d 1000 (N.Y. 1939)

19 N.E.2d 1000

Opinion

Argued January 17, 1939

Decided February 28, 1939

Appeal from the Supreme Court, Appellate Division, Second Department.

Flynn L. Andrew, Eugene Z. DuBose and John M. Friedman for appellant.

Sol A. Klein and Walter R. Hart for respondent.

Per Curiam.

Upon this record it does not appear as matter of law that the defendant made any representation which was false in a material and substantial respect.

The judgment of the Appellate Division should be reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.

Judgment accordingly.