Lewis v. City Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, City Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of February, 1913, dismissing the counterclaims interposed by the answer, and giving judgment upon the pleadings in plaintiff’s favor.
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Appeal by the defendant, City Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of February, 1913, dismissing the counterclaims interposed by the answer, and giving judgment upon the pleadings in plaintiff’s favor. The judgment was granted upon the motion of the plaintiff made at the opening of the case upon the trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
Dowling, J.:
The action is brought to recover alleged damages for breach of a contract for the exchange of real estate. The allegations of the complaint setting forth the damages claimed to have been sustained by the plaintiff are contained in paragraph V as follows: ‘ ‘ The defendant neglected to comply with the terms of the agreement on its part, and wholly failed to pay the said Five thousand ($5,000) Dollars and to convey to this plaintiff the said premises situated in the Borough of Roselle Park, in the County of Union and State of New Jersey, to the damage of the plaintiff Twelve…
2Cited by5 opinions
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- Sutton v. DuntleyAppellate Division of the Supreme Court of the State of New York · 1923
- Ayala v. BossNew York Supreme Court · 1983
- Brazos v. BrumidgeAppellate Division of the Supreme Court of the State of New York · 1958
- Loma Corp. v. WingNew York Supreme Court · 1924