Thomas v. Bronx Realty Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, the Bronx Realty Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of December, 1900, denying the defendant’s motion for a stay of thé plaintiff’s proceedings at the Trial Term pending the determination of the issues raised by the equitable counterclaim set up in the answer and reply thereto.
1Opinion of the Court
Hatch, J. :
This action is brought to recover damages for breach of contract in the sale of real property. The complaint avers the making of the contract, its breach, and demands damages in a specified sum. The amended answer of the defendant admits the making of the contract, and that at the. time fixed therein for the delivery of the deed delivery of the same was not tendered. It then avers that at that time it was ready to return to the plaintiff the amount which had been paid upon the contract. Eor a separate defense and as an equitable counterclaim to the action, it is averred, inter…
2Cases cited1 opinion
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
3Cited by3 opinions
- Johnson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1913
- Wasserman v. TaubinAppellate Division of the Supreme Court of the State of New York · 1908
- Reilly v. Henri Gutmann Silks Corp.New York Supreme Court · 1920