Kaston v. Nathan Zimmerman & George Orlove & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isaac Kaston, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Bronx on the 16th day of January, 1920, upon the decision of the court rendered after a trial at the Bronx Special Term dismissing the complaint and canceling a lis pendens filed by the plaintiff, on the motion of the defendants for a dismissal made at the opening of the trial.
1Dissent
Merrell, J. (dissenting):
This appeal is from a judgment of the Special Term dismissing plaintiff’s complaint at the commencement of the trial of the action.
*518The action is brought in equity by the plaintiff for the rescission of a written contract for the sale of real estate, executed by the defendant George Orlove & Co., Inc., to the plaintiff. The contract in question was entered into by the parties on July 22, 1919, and in consideration of the payment of $40,000 the defendant corporation contracted and agreed to sell and convey and the plaintiff, Isaac Kaston, to purchase a parcel of real…
2Cases cited14 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Long v. . WarrenNew York Court of Appeals · 1877
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
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