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Old Clarendon Restaurant, Inc. v. Louis Roossin Soda Fountain Co.

256 A.D. 926 Court N.Y. App. Div. Decision date 1939-02-06 English

Contents

Majority

p. 926
The Old Clarendon Restaurant, Inc., James F. Matthews and Mario Perotti, Appellants, v. Louis Roossin Soda Fountain Co., Inc., Respondent.

Action for judgment declaring a conditional sales agreement to be null and void

p. 927
on the ground that its execution was induced by fraudulent representations, enjoining negotiation of promissory notes delivered in pursuance thereto, and for a money judgment. Defendant counterclaimed for a money judgment equivalent to the amount of unpaid notes and for foreclosure of a lien in such amount. Judgment dismissing the complaint and granting judgment on defendant’s counterclaim affirmed, with costs. No opinion. Lazansky, P. J., Hagarty and Johnston, JJ., concur; Carswell and Close, JJ., dissent, vote to reverse and for a new trial on the ground that the determination is against the weight of the evidence.