STUDMAN v. BRANDMAN


18 Misc.2d 242 (1959)

Aaron Studman, Respondent, v. Wynn Brandman, Appellant.

Supreme Court, Appellate Term, Second Department.

May 26, 1959.


Attorney(s) appearing for the Case

Mackler Bros. (Seymour G. Mackler of counsel), for appellant.

Charles Metz for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The order granting plaintiff's motion for summary judgment and judgment entered thereon should be unanimously reversed on the law, with $10 costs to defendant and motion denied. The affidavits submitted present triable issues of fact as to whether or not the notes in question were executed and delivered upon the condition alleged by the defendant. (Sillman v. Twentieth Century-Fox Corp., 3 N.Y.2d 395 and...

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