Diamond Central, Inc. v. Gilbert

Appeal from order of the Supreme Court at Special Term, entered April 26, 1960, in New York County, which granted a motion by plaintiff for summary judgment under-rule 113 of the Rules of Civil Practice.

Plaintiff sued to recover damages for breach of a written contract for the purchase from appellant of certain real property in Ithaca, New York. Although the contract was made subject to three leases of tenants who were occupying the property, the leases were not appended to the contract; nor did the contract indicate that the tenants under those leases had been granted an option or right of…