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Zlobinsky v. Broadlane Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1954
283 App. Div. 1078 (N.Y. App. Div. 1954)

Opinion

June 7, 1954.


In an action to recover damages for defendant's failure to perform under a memorandum agreement to sell real property partly owned by defendant and partly owned by one Florence Gold, not a party to the agreement, defendant appeals from an order granting plaintiff's motion for summary judgment striking out the answer and directing an assessment of damages. Order reversed, without costs, and motion denied, without costs. Defendant's contention is that the agreement to sell should not be binding unless and until a formal contract should be entered into between plaintiff, defendant, and said Florence Gold. Such contention raises a triable issue of fact. ( N.E.D. Holding Co. v. McKinley, 246 N.Y. 40; Polucek v. Jahoda, 203 App. Div. 38.) Nolan, P.J., Wenzel, MacCrate, Beldock and Murphy, JJ., concur.


Summaries of

Zlobinsky v. Broadlane Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1954
283 App. Div. 1078 (N.Y. App. Div. 1954)
Case details for

Zlobinsky v. Broadlane Realty Corp.

Case Details

Full title:ABRAHAM ZLOBINSKY, Respondent, v. BROADLANE REALTY CORP., Appellant

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

Date published: Jun 7, 1954

Citations

283 App. Div. 1078 (N.Y. App. Div. 1954)

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