Legal Opinion

Post Institute, Inc. v. Lander Co.

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

Decided May 7, 1937PublishedCited by 3 opinions

1Per curiam

Issues of fact were raised, including the issue as to whether or not a binding agreement had been made. The terms of the claimed stipulation of settlement were not complete as to all details, and plaintiffs’ position at no time was changed or prejudiced in any way. Accordingly judgment should not have been entered in plaintiffs’ favor.

The order and final judgment appealed from should be reversed, with costs, and the motion denied.

Present'—Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

Judgment and order unanimously reversed, with costs, and motion denied.,

2Cited by3 opinions

  1. Accarino v. HirschAppellate Division of the Supreme Court of the State of New York · 1958
  2. Rosen v. GrandAppellate Division of the Supreme Court of the State of New York · 1958
  3. Moylan v. NaylorAppellate Division of the Supreme Court of the State of New York · 1961