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Three Star Offset Printing, Inc. v. Daniels

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 1979
69 A.D.2d 858 (N.Y. App. Div. 1979)

Opinion

April 16, 1979


In an action, inter alia, to compel specific performance of an option to purchase real property, plaintiff appeals from a judgment of the Supreme Court, Queens County, dated June 28, 1978, which, after a nonjury trial, is in favor of defendant. Judgment reversed, on the law, and new trial granted, with costs to appellant to abide the event. It was error to exclude testimony by plaintiff's attorney as to a conversation he had with the defendant's deceased predecessor in title as to the intent of the parties with respect to the meaning of a purchase-option provision in the lease in suit. A new trial is required in order to ascertain the intent of the parties as to the option provision (see Three Star Offset Print. v. Daniels, 58 A.D.2d 862). Hopkins, J.P., Lazer, Cohalan and Martuscello, JJ., concur.


Summaries of

Three Star Offset Printing, Inc. v. Daniels

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 1979
69 A.D.2d 858 (N.Y. App. Div. 1979)
Case details for

Three Star Offset Printing, Inc. v. Daniels

Case Details

Full title:THREE STAR OFFSET PRINTING, INC., Appellant, v. RUTH E. DANIELS, Respondent

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

Date published: Apr 16, 1979

Citations

69 A.D.2d 858 (N.Y. App. Div. 1979)