Proly v. Cross & Brown Co. , 270 A.D. 803 ( 1946 )


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  • The record presented discloses that issues of fact exist which should be determined upon a trial of the action. The affidavits and exhibits submitted by the defendants in support of their motion do not establish that the gross area ” of the building is insufficient to constitute it a Class “ A ” building. As a consequence the order and the judgment appealed from are unanimously reversed, with costs to the appellants, and the motion denied. Present — Martin, P. J., Townley, Glennon, Cohn and Peek, JJ.

Document Info

Citation Numbers: 270 A.D. 803

Filed Date: 2/8/1946

Precedential Status: Precedential

Modified Date: 1/12/2023