Woodmere Academy v. Steinberg

Woodmere Academy, a nonprofit educational institution, brought this action to recover the balance due under a charitable pledge agreement. The defendant, Saul P. Steinberg, counterclaimed for the return of moneys he had paid on account. The parties are now here on defendant’s appeal from an order of the Appellate Division, First Department, which, reversing an order of Special Term, granted summary judgment to the plaintiff.

The issue is whether defendant’s contentions that the pledge was subject to certain unfulfilled oral conditions and *748had been induced by fraudulent misrepresentations raise…