Grace v. Deepdale Inc.

Involved in this case are two actions, now consolidated, to rescind an executory contract for the sale of real property located in Nassau County. In an independent proceeding, arising in incompetency proceedings brought in Nassau County, the contract has been approved (Matter of Grace, 2 A D 2d 222, affd. 2 N Y 2d 822). Special Term refused to place the venue in Nassau County, although one of the two actions had been brought in that county, on the ground that, since the contract was, in part, executory, the judgment which might be entered would not affect title to real property, thus…