Evenga v. Herrick

Defendants appeal from an order of the Supreme Court which denied their motion to vacate a notice of examination of the defendants before trial; for a summary judgment dismissing the complaint on the ground that it does not state facts sufficient to constitute a cause of action; and to strike out the names of William Evenga and Ann Welsch as parties plaintiff.

The action is one for specific performance to compel the defendants, who are real estate brokers, to convey to the plaintiffs certain real property located in Binghamton, New York. The complaint alleges that Ann Welsch, Helen McDonnell…