Seventh Ave. Delicatessen v. Manhattan Provision Co.

• Decision Date: 21 May 1956
• Citation: Seventh Ave. Delicatessen v. Manhattan Provision Co., 153 N.Y.S.2d 572, 1 A.D.2d 1037 (N.Y. App. Div. 1956)
• Parties: SEVENTH AVENUE DELICATESSEN, Inc., and Victor Klieger, Appellants, v. MANHATTAN PROVISION CO., Inc., Jack Altman and Morris Berler, Respondents, and Others, Defendants.
• Court: New York Supreme Court — Appellate Division

Page 572

153 N.Y.S.2d 572

1 A.D.2d 1037

SEVENTH AVENUE DELICATESSEN, Inc., and Victor Klieger, Appellants, v. MANHATTAN PROVISION CO., Inc., Jack Altman and Morris Berler, Respondents, and Others, Defendants.

Supreme Court of New York, Appellate Division Second Department.

May 21, 1956.

Robert R. Kaufman, New York City, for appellants.

Lawrence J. Goldstein, New York City, for respondent.

Joseph Apfel, New York City, on the brief.

Alleging that they were induced, through fraud, to surrender certain promissory notes belonging to them, appellants brought this action to declare null and void, on the ground of fraud and duress, a certain agreement in which appellants consented that the notes be returned to the maker thereof; for other incidental equitable relief, and to recover damages. The appeal is from a judgment rendered after trial dismissing the complaint and from an order, stated in the notice of appeal to have been made on July 29, 1955, denying a motion for a new trial on the ground of newly discovered evidence, but which order is not contained in the case on appeal. An order dated November 10, 1955, which (1) granted reargument of...