Legal Opinion

Woodenbury v. Spier

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1907PublishedCited by 9 opinions

Appeal by the defendant, Siegmund Spier, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of March, 1907, upon the decision of tlie .court rendered after a trial at the Kings County Special Term.

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Appeal by the defendant, Siegmund Spier, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of March, 1907, upon the decision of tlie .court rendered after a trial at the Kings County Special Term. The' complaint was for specific performance of a contract of sale of a tenement house in the city of Mew York; or if the defendant could not convey a good title, that the plaintiff have judgment for $500 which he had paid on the contract, and for the expense of searching the title. The trial court held the title…

1Opinion of the Court

Gaynor, J.:

On. the contract day the plaintiff refused to take title on 'the-grounds (1) that there was an existing violation of the tenement house act in respect of the property, which- was a tenement house, viz., in that the water closets were in the -yard instead' of in the house, as required by the said act, and (2) that in an action entitled the Tenement House Department of the City of New York against Harris Horowitz and Samuel Melson a lis-pendens had been filed against "the property on June 4th, 1904. Mo complaint' in such *398action has ever been filed or served, and the defendants…

2Cases cited1 opinion

  1. Albro v. BlumeAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by9 opinions

  1. Frimberger v. AnzellottiConnecticut Appellate Court · 1991
  2. Kolel Damsek Eliezer, Inc. v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Ableman v. SladerAppellate Court of Illinois · 1967
  4. Leerburger v. WatsonNew York Supreme Court · 1911
  5. Manhattan Life Insurance v. Wall Investing Corp.New York Supreme Court · 1928

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