Legal Opinion
Kowalsky v. Familia
New York Supreme Court
Decided September 22, 1972PublishedCited by 17 opinions
1Opinion of the CourtJohn C. Marbach, J.
This is> an application by defendants for an order, pursuant to CPLK 3211 (subd. [a]), dismissing the cause of action for specific performance for failure to state a cause of action, and for declaratory relief that a clause in the deed relied upon by plaintiff is void as an illegal restraint upon alienation. Plaintiff has cross-moved for an order pursuant to CPLB 3211 (subd. [b]) to dismiss the defenses asserted and for summary judgment.
Plaintiff seeks, on the basis of a deed dated September 18, 1934, to require defendants to convey title to certain property located in Orange County…
2Cases cited13 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Matter of City of New York (Upper N.Y. Bay)New York Court of Appeals · 1927
- Penthouse Properties, Inc. v. 1158 Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- Lantis v. CookMichigan Supreme Court · 1955
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
- United States v. FreidusDistrict Court, S.D. New York · 1991
- Henderson v. MillisSupreme Court of Iowa · 1985
- Pearson v. SchubachCourt of Appeals of Washington · 1988
12 more not listed; retrieve them via the Exa API.