Legal Opinion

9th Ave. & 42nd St. Corp. v. Zimmerman

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1926PublishedCited by 5 opinions

1Opinion of the CourtMcAvoy, J.

This order at Special Term, now here on appeal, denied a motion to strike out three separate defenses contained in the amended answer on the ground that the same are insufficient in law.

The action was brought against an attorney for damages brought about by his alleged fraud and negligence. The fraud and negligence consisted in his permitting the plaintiffs to make a contract with the holder of a lease, by which contract the latter agreed to sell his right, title and interest in his lease but the seller did not therein make any warranty or representation as to the marketability *499of the lease.…

2Cases cited4 opinions

  1. Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
  2. United States Trust Co. v. O'BrienNew York Court of Appeals · 1894
  3. Trimboli v. . KinkelNew York Court of Appeals · 1919
  4. Dondis v. BordenMassachusetts Supreme Judicial Court · 1918

3Cited by5 opinions

  1. Prudential Insurance v. DeweyAppellate Division of the Supreme Court of the State of New York · 1991
  2. Skinner v. Stone, Raskin & IsraelCourt of Appeals for the Second Circuit · 1983
  3. Lanite Sales Co. v. Klevens Corp.New York Supreme Court · 1954
  4. Lewis v. AlperAppellate Division of the Supreme Court of the State of New York · 1962
  5. Skinner v. StoneCourt of Appeals for the Second Circuit · 1983

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