Ellenberg v. Sydharv Realty Corp.

Motion to dismiss third-party complaint on the ground that it fails to state a cause of action (CPLR 3211, subd. [a], par. 7).

The prime action seeks to set aside a deed given by plaintiff to defendant and to obtain related relief. The basis of the action is the alleged failure of consideration for plaintiff’s signature on the deed. Her complaint alleges that a contract for the sale of a certain parcel of real property was entered into between “ dave ellenberg and ethel ellenberg (doing business as Bensonhurst Realty Co.) ” as seller and defendant’s assignor as purchaser. The contract was…