FIRST NEWPORT REALTY INVESTORS v. GREENFIELD


86 A.D.2d 521 (1982)

First Newport Realty Investors, Respondent, v. Marvin Greenfield, Appellant

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

January 12, 1982


Triable issues of fact are presented at least as to whether there was authorized delivery of the indemnification agreement; and as to whether the reinstatement of the mortgage held by Jamaica Savings Bank was a condition precedent to the legal effectiveness of the indemnification agreement. We do not see any express terms of the written indemnification agreement that would be contradicted by such a condition. (See Hicks v Bush, 10 N.Y.2d 488

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