Montano v. Kimmel

This is a motion by defendant to strike the action from the equity calendar on the ground that plaintiffs’ alleged cause of action is one at law.

This action was brought for specific performance to compel defendant to fulfill his contract with the plaintiffs by having this court decree his forthwith removal from the apartment. The gravamen of the action is specific performance and arises from the contract of purchase and sale. The defendant contends that because of the provision in the contract for a six months’ lease, he became the plaintiffs’ tenant and so comes within the protection of the…