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Appellate Division of the Supreme Court of New York, 1949

Appleman v. Shorewood Realty Corp.

Appleman v. Shorewood Realty Corp.
Appellate Division of the Supreme Court of New York · Decided October 10, 1949
275 A.D.2d 1046
Appleman v. Shorewood Realty Corp.

Opinion of the Court

In our opinion there were questions -of fact presented which could not be determined on a motion for summary judgment. (Ballen v. Potter, 251 N. Y. 224; Schmidt v. Reed, 132 N. Y. 108; Weinheimer v. Ross, 205 N. Y. 518.) Nolan, P. J., Johnston, Sneed and Wenzel, JJ., concur; Adel, J., dissents' and votes to affirm. [See 276 App. Div. 783.]

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