Jaffe v. Gibbons

Gardner, Judge:

Jaffe sued Gibbons and the other named defendants alleging, inter alia, the breach of an alleged contract to sell real estate and, additionally, that he was entitled to specific performance of the alleged contract. On July 10, 1984, the trial court ordered that the actions against Gibbons and the other defendants be severed and refiled as separate actions, all within 30 days. Jaffe then sued Gibbons in federal court. Gibbons moved for summary judgment as to the original complaint. Jaffe filed a motion for a voluntary nonsuit of the original action against Gibbons on September…