Smadbeck v. Law
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Louis Smadbéck and another, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 9th day of May, 1905, directing the cancellation of a lis yendens theretofore filed in the action.'
1Opinion of the Court
Laughlin, J.:
This is an action by the vendee under a contract for the sale of real estate to recover a payment made pursuant to the contract on account of the purchase price of the premises, and the expenses incurred in the examination of the title. The complaint proceeds upon the theory that the title was. defective, and does not pray for specific performance. The plaintiffs allege that they have no adequate remedy at law, and pray judgment that they be decreed to have a vendee’s lien upon the premises, and for a sale thereof to satisfy the lien. There is no allegation that the vendees were…
2Cases cited2 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Klim v. SachsAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
- Elna Construction Co. v. FlynnNew York Supreme Court · 1963
- Tishman v. AcritelliAppellate Division of the Supreme Court of the State of New York · 1906