Singer v. Klebanow

In this action for specific performance, defendant moves to dismiss the complaint pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice and for an order vacating, setting aside and discharging the lis pendens filed in connection with the action.

In his complaint, plaintiff pleads an agreement in writing for the sale by defendant to plaintiff of certain real property located in the town of Harrison. It is further alleged that this agreement, made September 18, 1957, was ‘ ‘ duly executed by plaintiff ”. The complaint is devoid of any allegation that the contract was subscribed by…