Legal Opinion
Appleman v. Shorewood Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 1949Published
1Opinion of the Court
In our opinion there were questions -of fact presented which could not be determined on a motion for summary judgment. (Ballen v. Potter, 251 N. Y. 224; Schmidt v. Reed, 132 N. Y. 108; Weinheimer v. Ross, 205 N. Y. 518.) Nolan, P. J., Johnston, Sneed and Wenzel, JJ., concur; Adel, J., dissents' and votes to affirm. [See 276 App. Div. 783.]
2Cases cited3 opinions
- Ballen v. PotterNew York Court of Appeals · 1929
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Weinheimer v. . RossNew York Court of Appeals · 1912