Legal Opinion
Superior Tool & Die Co. v. Bailey
New York Supreme Court
Decided April 21, 1959PublishedCited by 2 opinions
1Opinion of the CourtSaul S. Streit, J.
This is a motion for summary judgment and an assessment of damages and to strike out various portions of the answer as sham, insufficient, and frivolous, unnecessary and scandalous.
*615Under the provisions of the contract upon which this action is based, the payment to plaintiff by defendant and others was to be made ‘ ‘ against good delivery of * * * 32,097 shares ’ ’ of Bethlehem Foundry stock on or before November 29, 1957. It is clear (1) that tender of the Bethlehem shares was purported to be waived by Lehigh Bethlehem Corporation (a company of which defendant Jessica Bailey and the “ others…
2Cases cited4 opinions
- City of Yonkers v. Federal Sugar Refining Co.New York Court of Appeals · 1917
- Bedell Co. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1930
- Psaty v. Fifth Avenue & Ninety-third Street Corp.New York Supreme Court · 1928
- Psaty v. Fifth Avenue & 93rd Street Corp.Appellate Division of the Supreme Court of the State of New York · 1929
3Cited by2 opinions
- McClellan Agency, Inc. v. Cunningham, Nielsen & Molloy, Inc., New York County Courts1960
- Hornstein v. WolfAppellate Division of the Supreme Court of the State of New York · 1980