Appellate Division of the Supreme Court of New York, 1939

Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co.

Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co.
Appellate Division of the Supreme Court of New York · Decided February 6, 1939
256 A.D. 926; 10 N.Y.S.2d 672; 1939 N.Y. App. Div. LEXIS 5488
Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co.

Opinion of the Court

Action for judgment declaring a conditional sales agreement to be null and void *927on the ground that its execution was induced by fraudulent representations, enjoining negotiation of promissory notes delivered in pursuance thereto, and for a money judgment. Defendant counterclaimed for a money judgment equivalent to the amount of unpaid notes and for foreclosure of a lien in such amount. Judgment dismissing the complaint and granting judgment on defendant’s counterclaim affirmed, with costs. No opinion. Lazansky, P. J., Hagarty and Johnston, JJ., concur; Carswell and Close, JJ., dissent, vote to reverse and for a new trial on the ground that the determination is against the weight of the evidence.

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