Labasin v. President Realty Holding Corp.

No opinion. Beldock, Ughetta, Kleinfeld and Christ, JJ., concur; Nolan, P. J., dissents and votes to reverse the order and interlocutory judgment and to deny the motion for summary judgment, with the following memorandum: It is difficult to determine whether the Special Term granted the motion for summary judgment on the theory that plaintiffs had established a cause of action for rescission of the contract upon the ground that plaintiffs had executed it in reliance on defendant’s false representations of fact, or upon the ground that the parties had entered into the contract under a mutual…