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BARR v. EMEN HOMES, INC.

3 A.D.2d 715 (1957)

Samuel Barr, Respondent, v. Emen Homes, Inc., Appellant

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

February 11, 1957

Order and judgment affirmed, with $10 costs and disbursements.

No opinion.

Murphy, J., dissents and votes to reverse the order insofar as it grants the cross motion and to vacate the judgment entered in accordance therewith and to deny the cross motion, with the following memorandum:

Respondent was obligated to make application for a mortgage loan to a lending institution designated by appellant. Appellant's designee, a lender approved...

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