Legal Opinion

Terrace Court Realty, Inc. v. Fifth Avenue Realty Corp.

New York Supreme Court

Decided September 28, 1960PublishedCited by 6 opinions

1Opinion of the CourtSaul S. Streit, J.

Defendants move for dismissal of each cause of action for legal insufficiency and for dismissal of each cause of action as to the defendant corporation pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice. Defendants move further for an order vacating and canceling the lis penclens.

The action is upon an alleged contract of purchase and sale of a parcel of real property. In the first cause of action it is alleged that the defendants have failed and refused by reason of stated title defects to convey good and marketable title, as provided by the agreement. Demand is made for the…

2Cases cited2 opinions

  1. Irvmor Corp. v. RodewaldNew York Court of Appeals · 1930
  2. Slavit Furniture Co. v. EisenbergAppellate Division of the Supreme Court of the State of New York · 1954

3Cited by6 opinions

  1. Anchorage-Hynning & Co., a District of Columbia Limited Partnership v. Thomas G. MoringielloCourt of Appeals for the D.C. Circuit · 1983
  2. Bhutta Realty Corp. v. Paul SangettiAppellate Division of the Supreme Court of the State of New York · 1990
  3. Sloan Foundation, Inc. v. AtlasNew York Supreme Court · 1964
  4. Freedom Enterprises, Inc. v. Hager Realty Corp.New York Supreme Court · 1967
  5. Anchorage-Hynning & Co., a District of Columbia Limited Partnership v. Thomas G. MoringielloCourt of Appeals for the D.C. Circuit · 1983

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