Cerullo v. Cerullo

— Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: Paragraph 12 of the land contract sought to be enforced permits the vendor to extinguish the rights of the vendee only upon the obtaining of a final order in a summary dispossess proceeding. Since plaintiff as vendor under a land contract cannot maintain such a proceeding (see 16 Carmody-Wait 2d, Hew York Practice, § 98.5), we find nothing in the language of paragraph 12 which would éntitle plaintiff to extinguish the rights of the vendee upon failure to pay installments due. The contract does not provide…