Goldsmith v. Waterbury

In an action for the specific performance of a contract for the sale by defendant to plaintiff of certain real property in the Village of Port Chester, plaintiff appeals from an order of the Supreme Court, Westchester County, dated July 16, 1962, which granted defendant’s motion, pursuant to rule 112 of the Rules of Civil Practice, to dismiss the complaint on the ground that it failed to state a cause of action. Order affirmed, with $10 costs and disbursements, and with leave to plaintiff, if so advised, to serve an amended complaint within 20 days after entry of the order hereon. The…