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Desz v. Lincoln Savings Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1940
260 App. Div. 949 (N.Y. App. Div. 1940)

Opinion

November 25, 1940.

Appeal from City Court of the City of New York, County of Queens.


Order of the Appellate Term reversed on the law, and order of the City Court affirmed, with costs in this court and in the Appellate Term. In our opinion, under the facts here pleaded, the question of whether or not the plaintiffs waived the anticipatory breach or are estopped may be a question of fact to be determined upon the trial. Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ., concur. [ 174 Misc. 263. See post, p. 1022.]


Summaries of

Desz v. Lincoln Savings Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1940
260 App. Div. 949 (N.Y. App. Div. 1940)
Case details for

Desz v. Lincoln Savings Bank

Case Details

Full title:FRANK B. DESZ and JOSEPHINE H. DESZ, Respondents, v. THE LINCOLN SAVINGS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 25, 1940

Citations

260 App. Div. 949 (N.Y. App. Div. 1940)