KOPP v. BARNES


10 A.D.2d 532 (1960)

Sarah Kopp, Appellant, v. Bert Barnes, Respondent

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

May 31, 1960.


Attorney(s) appearing for the Case

David Oppenheim for appellant.

Robert H. Sterling (Harry L. Ettinger of counsel), for respondent.

KLEINFELD, CHRIST, PETTE and BRENNAN, JJ., concur.


NOLAN, P. J.

Appellant brought this action for the return of a payment made on account of the purchase price of real property and for other relief. Her motion for summary judgment was denied at the Special Term on the ground that there were issues of fact which required a trial. We find no such issues.

The material facts are not in dispute. On April 16, 1958 the parties entered into a written contract...

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