Phillips v. . West Rockaway Land Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 29,1917, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 29,1917, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The material facts found by the trial justice are as follows: In April, 1912, the West Eockaway Land Company, hereinafter called the Land Company, owned a large tract of land, lying in Eockaway point between the ocean and Jamaica bay, which it was offering to purchasers. It had made and • filed a map showing the plots laid out into…
1Opinion of the CourtHogan, J.
Though two parties were named as defendants in this action, a stipulation was entered into upon the trial that if the plaintiff was entitled to relief against defendant West Rockaway Land Company he would be entitled to relief against both defendants named in the complaint.
The fmrltng of the trial justice that there was no intent on the part of defendant or its broker, Mr. May, to deceive plaintiff together with the fact that defendant had informed May of its intention to construct a boardwalk, and the statement made by May to plaintiff that other than a boardwalk there would be nothing…
2Cases cited5 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Mattes v. . FrankelNew York Court of Appeals · 1899
- Rogers v. SalmonNew York Court of Chancery · 1841
3Cited by28 opinions
- Olsson v. Board of Higher EducationNew York Court of Appeals · 1980
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Kaminsky v. KahnAppellate Division of the Supreme Court of the State of New York · 1965
- State of New York v. BaroneNew York Court of Appeals · 1989
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