Joseph Loria, Inc. v. Stanton Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Loria, Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of July, 1921, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint in an action to compel the defendants to specifically perform a contract for the sale of real estate, and directing the plaintiff as purchaser to perform such contract…
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Appeal by the plaintiff, Joseph Loria, Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of July, 1921, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint in an action to compel the defendants to specifically perform a contract for the sale of real estate, and directing the plaintiff as purchaser to perform such contract under a counterclaim asserted in defendants’ answer.
1Opinion of the Court
Clarke, P. J.:
In the contract between the parties the defendants agreed to convey to the plaintiff certain premises upon Twenty-fifth street in the city of New York by a full covenant deed. A part of the premises was formerly owned by Joseph D. Carroll in his lifetime to the extent of a one-third interest! Carroll died on November 23, 1912, leaving him surviving a widow, Martha L. Carroll, and a child, Lorena Carroll. He left upwards of $1,300,000 in personal property and an interest in real estate amounting only to about $17,000. Of this real estate the premises in question, consisting of an…
2Cases cited5 opinions
- Cerf v. . DienerNew York Court of Appeals · 1914
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- Matthews v. DuryeeNew York Court of Appeals · 1868
- Roessle v. . RoessleNew York Court of Appeals · 1918
- Joseph Loria, Inc. v. Stanton Co.New York Supreme Court · 1921