Tishman v. Acritelli
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Tishman, 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 14th day of November, 1905, granting the defendant’s motion to cancel the Us pendens theretofore filed in the action, upon giving an undertaking.
1Opinion of the Court
Ingraham, J.:
The action was brought by the vendee for the specific performance of a contract for the sale of real property. The complaint, *238after alleging the making of the contract and an adjournment, by consent, of the time to close title, alleges that at the time and place mentioned the plaintiff was ready, willing, and able and offered to carry out and perform said contract, but that the defendant failed and refused to perform said contract onhispart; failed and refused to convey a.good and marketable title to said premises to the plaintiff free and clear from all incumbrances,'with the…
2Cases cited2 opinions
- Bresel v. BrowningAppellate Division of the Supreme Court of the State of New York · 1905
- Smadbeck v. LawAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by6 opinions
- Schenkein v. HorowitzNew York Supreme Court · 1906
- Station Associates, Inc. v. Long Island Rail RoadNew York Supreme Court · 1959
- Kennedy v. HallNew York Supreme Court · 1906
- McCrum v. Lex Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Werner v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
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