FARM CREST PACKING v. MILNER


30 A.D.2d 316 (1968)

Farm Crest Packing Corp., Respondent, v. Joseph Milner, Appellant

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

July 9, 1968.


Attorney(s) appearing for the Case

John F. X. Hassett of counsel (Henry N. Rapaport with him on the brief; Rapaport Brothers, attorneys), for appellant.

Frank J. Neglia for respondent.

STEVENS, J. P., TILZER and McGIVERN, JJ., concur with RABIN, J.; STEUER, J., concurs in result in opinion.


RABIN, J.

During the pendency of a prior suit, in which the defendant sought to regain possession of the premises, this plaintiff consented to the entry of judgment in favor of the defendant. Plaintiff now sues in fraud, claiming that the defendant did not, in good faith, intend to demolish the building — a condition precedent to enable the defendant to recover possession of the premises. That would have...

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