BOSTON RD. SHOPPING v. TEACHERS INS. ASSN.


13 A.D.2d 106 (1961)

Boston Road Shopping Center, Inc., Respondent, v. Teachers Insurance and Annuity Association of America, Appellant

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

April 18, 1961.


Attorney(s) appearing for the Case

Frederick B. Boyden of counsel (Joel Per and Arnold Guy Fraiman with him on the brief; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys), for appellant.

Irving Like of counsel (Reilly & Like, attorneys), for respondent.

BOTEIN, P. J., BREITEL, RABIN and EAGER, JJ., concur.


BERGAN, J.

On December 18, 1956 plaintiff and defendant entered into a written agreement to finance a shopping center which plaintiff proposed to lay out and construct at Springfield, Massachusetts. Defendant, an insurance company, agreed to lend plaintiff $1,100,000 and plaintiff agreed to accept the loan.

The contract was expressed in the form of a letter addressed by defendant to plaintiff. It stated...

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