Bergin v. Anderson
Bergin v. Anderson
215 A.D. 832; 213 N.Y.S. 764
Opinion of the Court
Order granting judgment dismissing the complaint upon the pleadings reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Notwithstanding the plaintiff’s admission of the execution of the agreement mentioned in the answer, plaintiff was entitled to show the conditions upon which the agreement was executed and delivered. (Smith v. Dotterweich, 200 N. Y. 299.) Kelly, P. J., Rich, Jayeox, Manning and Young, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.