Klein v. Capri Equities, Inc.

Judgment affirmed, with costs to respondent. Concur — Stevens, Steuer and Bergan, JJ.; McNally, J. P., and Eager, J., dissent in part in the following memorandum by Eager, J.: I dissent insofar as the court would affirm the judgment dismissing the complaint in Action C, which action is brought for specific performance of a contract of sale of the premises at 240 East 83rd Street, New York City. In my opinion, the plaintiff made out a prima facie ease in this action, and he should not have been nonsuited. I concur, however, in the affirmance of the judgment dismissing the complaint in Action…