McAnsh v. Blauner — 248 N.Y. 537

Majority

p. 537

Andrew McAnsh, Respondent, v. Julius Blauner, Appellant.

Headnote

Bills, notes and checks — vendor and purchaser — false representations — action to recover on note given as part of purchase price of real property — defense of false representations.

McAnsh v. Blauner, 222 App. Div. 381 , affirmed.

(Argued April 5, 1928;

decided May 1, 1928.)

Appeal from a judgment, entered January, 21, 1928, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by plaintiff for summary judgment and granted said motion. The

p. 538

action was to recover upon a promissory note executed and delivered as part payment for real property. The answer set up as a separate defense that defendant was induced to purchase the property by false and fraudulent representations.

Harold R. Medina, William F. McNulty and I. Gainsburg for appellant.

William J. Cullen and William H. Griffin for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.