Rait v. Netlee Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for specific performance of a contract for the conveyance of real property and the construction of a dwelling thereon, plaintiff appeals from an order dismissing his complaint, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, and from the judgment entered thereon. The contract contains a provision that if “ for any reason whatsoever the seller shall default ”, its liability shall be limited to the return of the payments made plus the cost of title examination and attorney’s fees not to exceed $50, and that on the return of said sums, the contract shall cease…
2Cases cited6 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- Heller & Henretig, Inc. v. 3620-168th Street, Inc.New York Court of Appeals · 1951
- Bulkley v. Rouken Glen, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Bulkley v. Rouken Glen, Inc.New York Court of Appeals · 1928
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3Cited by7 opinions
- Farano v. StephanelliAppellate Division of the Supreme Court of the State of New York · 1959
- Sloan v. Pinafore Homes Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Artstrong Homes, Inc. v. VasaNew York Supreme Court · 1960
- Garry v. Edmann Homes, Inc.New York Supreme Court · 1958
- In re the Estate of RosenbergNew York Surrogate's Court · 1962
2 more not listed; retrieve them via the Exa API.