MACKLEM v. MARINE PARK HOMES, INC.


8 A.D.2d 824 (1959)

F. Sutherland Macklem, Appellant, v. Marine Park Homes, Inc., et al., Respondents, et al., Defendant

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

June 8, 1959


Judgment insofar as appealed from affirmed, with costs, on the opinion of the learned Justice at Special Term.

Nolan, P. J., and Hallinan, J., dissent and vote to reverse and to grant a new trial, with the following memorandum:

In our opinion, the corporation, under the facts and circumstances of this case, by its activities became the actual instrumentality of the original venturers to advance and accomplish their final purpose to sell the vacant land at...

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