Legal Opinion

Rosen v. Greenwald

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

Decided March 17, 1922Published

Appeal by the plaintiff, Max Rosen, from an order and determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the City Court of the City of New York on the 20th day of January, 1921, reversing a judgment of the City Court of the City of New York in favor of the plaintiff, and an order denying defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

This is an action to recover damages for the breach of a contract by which the plaintiff alleges that the defendants agreed to sell and deliver to him their dressmaking plant and equipment on the fourth floor of premises known as 28 West Fifteenth street in the borough of Manhattan, New York, and their lease of the premises. Plaintiff alleges that the purchase price agreed upon was $1,850 and that when the agreement was made he paid $130 on account . and that at the time agreed upon for consummating it he tendered the balance of the purchase price but defendants refused to accept…

2Cases cited3 opinions

  1. Eddy v. . DavisNew York Court of Appeals · 1889
  2. Bunge v. . KoopNew York Court of Appeals · 1872
  3. Brinley v. NevinsAppellate Division of the Supreme Court of the State of New York · 1914

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