Legal Opinion
Italian Benevolent Institute v. Elaine Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 1934PublishedCited by 7 opinions
1Opinion of the CourtGlennon, J.
This is an appeal from an order made at Special Term, striking out defendant’s affirmative defense and counterclaim as insufficient in law.
It is necessary to review the facts in order to indicate our reasons for believing that the appeal is well founded.
The plaintiff entered into a contract to sell and convey to the defendant Elaine Co., Inc., properties known as Nos. 1-3 and part of 5 East One Hundred and Sixth street, New York city, on September 15, 1929. The defendant Adolph L. Simon guaranteed the performance of the contract on the part of the Elaine Co., Inc. The closing of the title was…
2Cases cited2 opinions
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Piedmont Hotel Co. v. A. E. Nettleton Co.New York Court of Appeals · 1933
3Cited by7 opinions
- Koch v. Specto Optical, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Berg v. Auto Wheel Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Droesch Homes, Inc. v. PietrosNew York Supreme Court · 1945
- Bassett v. BassettNew York Supreme Court · 1959
- Bethlehem Steel Co. v. Turner Construction Co.New York Court of Appeals · 1957
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