Epstein v. Rockville Centre Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rockville Centre Improvement Company, from an order of the Supreme Court, made at the New Yoik Special Term and entered in the office of the clerk of the county of New York on the 15th day of July, 1914, denying defendant’s motion for a separate trial of the issues arising upon the counterclaim and reply herein at Special Term, and his further motion that in the meantime the trial of the issues raised by the complaint and answer be stayed.
1Opinion of the Court
Ingraham, P. J.:
The complaint alleges two causes of action to recover back the money paid by plaintiff on account of two contracts for the purchase of real property, based upon an allegation that he was induced to execute the contracts and pay the amounts paid on their execution by false and fraudulent representations made by the defendant, and the damages demanded in each case are the amount paid by the plaintiff on the execution of the contracts. The making of the contract is admitted and there is no allegation that the defendant could not convey good title to the property, except that it…
2Cases cited1 opinion
- Brody, Adler & Koch Co. v. HochstadterAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Reilly v. Henri Gutmann Silks Corp.New York Supreme Court · 1920