Appellate Division of the Supreme Court of New York, 1946

Proly v. Cross & Brown Co.

Proly v. Cross & Brown Co.
Appellate Division of the Supreme Court of New York · Decided February 8, 1946
270 A.D. 803; 60 N.Y.S.2d 274; 1946 N.Y. App. Div. LEXIS 3996
Proly v. Cross & Brown Co.

Opinion of the Court

The record presented discloses that issues of fact exist which should be determined upon a trial of the action. The affidavits and exhibits submitted by the defendants in support of their motion do not establish that the gross area ” of the building is insufficient to constitute it a Class “ A ” building. As a consequence the order and the judgment appealed from are unanimously reversed, with costs to the appellants, and the motion denied. Present — Martin, P. J., Townley, Glennon, Cohn and Peek, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.