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Salvador v. New York Law School

275 A.D.2d 967 Court N.Y. App. Div. Decision date 1949-06-27 English

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p. 967
Carlo F. Salvador, Appellant, v. New York Law School, Respondent.

In view of the correspondence with the defendant which plaintiff had prior to suit, and the depositing of the sinking fund, there was no necessity for an examination and discovery. It cannot, however, now be said as matter of law that there was no breach of the condition of the debentures prior to suit and that the establishment of the fund after the institution of the action is a complete defense. Nolan, P. J., Johnston, Sneed, Wenzel and Mac-Crate, JJ., concur.