Steinbruck v. Gazzara

15 A.D.2d 507 Court N.Y. App. Div. Decision date 1961-12-04 English

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p. 507

Fred Steinbruck, Respondent, v. Mary Gazzara, Appellant.

The record presents disputed issues of fact as to plaintiff’s misrepresentations and overreaching, which should be resolved by a trial. The determination of plaintiff’s right to the equitable remedy of specific performance of the contract depends upon and should await the resolution of such issues. Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur. [28 Mise 2d 254.]