Boltizar v. Breitbart

Motion by the defendant to dismiss the complaint for legal insufficiency.

This action is brought to obtain the specific performance of a contract for the purchase by -the plaintiffs’ assignor from the defendant of a certain parcel of real estate situated in Flushing, borough of Queens, city of New York.

While the complaint alleges in paragraph ‘ ‘ Sixth ” that plaintiffs ‘ ‘ have duly performed all the conditions of said agreement on their part to be performed * * * ” (Buies Civ. Prac., rule 92), said paragraph and the succeeding seventh paragraph plead-further facts of what plaintiffs actually…