MATTER OF THREE FORTY MADISON AVE. CORP.


279 A.D. 732 (1951)

In the Matter of Three Forty Madison Avenue Corporation, Appellant. Gristede Bros., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1951.


Order affirmed, with $20 costs and disbursements to respondent.

No opinion.

Dore, J., dissents in the following memorandum:

I dissent and vote to reverse. The intended meaning of the "subject" clause in the stipulation of settlement relied on herein is ambiguous and should not be determined until evidence has been adduced at the trial or hearing concerning the real intention of the parties. In this respect the case differs from Matter...

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