Appellate Division of the Supreme Court of New York, 1945

One Fifty-Seven Prince Street Corp. v. Michelini

One Fifty-Seven Prince Street Corp. v. Michelini
Appellate Division of the Supreme Court of New York · Decided November 2, 1945
269 A.D. 967; 58 N.Y.S.2d 359; 1945 N.Y. App. Div. LEXIS 4786
One Fifty-Seven Prince Street Corp. v. Michelini

Opinion of the Court

Per Curiam.

We think summary judgment was properly denied. We do not, however, adopt the opinion or reasoning of the learned Special Term. The facts and circumstances evidencing the intentions of the parties should be developed upon a trial.

Accordingly, the order appealed from denying plaintiff’s motion for summary judgment should be affirmed, without costs.

Martin, P. J., Dore, Cohn, Callahan and Wasservogel, JJ., concur.

Order unanimously affirmed, without costs. [184 Misc. 405.]

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