121-129 Broadway Realty, Inc. v. City of Schenectady

Appeal from an order of the Supreme Court at Special Term, entered March 10,1962 in Schenectady County, which denied a motion by plaintiff for summary judgment under rule 113 of the Rules of Civil Practice.

Appeal is taken from an order of the Supreme Court at Special Term, which denied plaintiff’s motion for summary judgment in an action to compel defendant city to perform its alleged agreement to purchase certain lands.

Defendant, a city of the second class, operates under Plan C of the Optional City Government Law (L. 1914, ch. 444) which vests all legislative powers in the Council (§ 87),…