JOHNSON v. GUSSOW


278 A.D. 581 (1951)

Arnold Johnson, Respondent, v. Jack M. Gussow et al., Appellants

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

January 22, 1951.


Order and judgment of the County Court, Nassau County, reversed on the law, with $10 costs and disbursements, and the motion denied, without costs.

The affidavits submitted by defendants in opposition to the motion raise issues which require a trial. On this record, it cannot be said as a matter of law that defendants defaulted in the performance of the obligations assumed by them under the agreement between...

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