Appellate Terms of the Supreme Court of New York, 1938

Alexander Hamilton Institute v. Folgner

Appellate Terms of the Supreme Court of New York · Decided June 21, 1938

168 Misc. 358; 6 N.Y.S.2d 65; 1938 N.Y. Misc. LEXIS 1793

Counsel

Harry L. Schein, for the appellant., Goldman & Frier, for the respondent.

Opinion of the Court

Per Curiam.

The defense attempts to show by parol that the written contract sued upon was to be ineffectual, if the defendant decided to discontinue the course of studies. This proof would be inadmissible (Jamestown Business College Assn. v. Allen, 172 N. Y. 291), and hence no triable issue remained.

Order reversed, with ten dollars costs, and motion granted.

All concur. Present — Lydon, Frankenthaler and Noonan, JJ.

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