Kaplan v. Scheiner
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Defendants appeal from an order of Special Term denying their motion for summary judgment dismissing the complaint. Plaintiff brought the action to recover the sum of $7,500 which her assignor had paid on account of the purchase price payable for shares of stock in two corporations, one of which owned the fee, the other of which operated a resort hotel in New Hampshire.
The contract of sale entered into on November 6, 1952, set the date for closing as January 15, 1953, and specified that ‘1 time is of the essence of this agreement ’ ’. It further provided that: “ If on the date set for the…
2Cases cited10 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Havens v. . PattersonNew York Court of Appeals · 1870
- Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Kotcher v. EdelbluteNew York Court of Appeals · 1928
- Waldman v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1942
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3Cited by4 opinions
- Grace v. NappaNew York Court of Appeals · 1979
- Mosdos Oraysa, Inc. v. SaustoAppellate Division of the Supreme Court of the State of New York · 2004
- Greto v. Barker 33 AssociateAppellate Division of the Supreme Court of the State of New York · 1990
- Rulle v. Ivari International, Inc.Appellate Terms of the Supreme Court of New York · 2002