Alpern v. Farrell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Willie Alpern, from a judgment of the County. Court of Kings county in favor of the defendant, entered in the office of the clerk of said county on the 21st day of March, 1908, upon the dismissal of the complaint upon the merits by direction after a trial at a Trial Term of said County Court.
1Opinion of the Court
Burr, J.:
Plaintiff’s assignor and the defendant made a contract by which the latter agreed to sell and the former to purchase property on the *279southwest córner- of Marcy avenue and Kosciusko street in the borough of Brooklyn. This action is brought to recover the earnest money paid thereon and the expenses of examining the title. The contract was to be closed on August 15, 1906. On July 25, 1900, the city of New York, through its building department, had taken proceedings to condemn the buildings then on the property as unsafe, and had filed notices of such proceedings in the county clerk’s…
2Cases cited7 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Eddy v. . DavisNew York Court of Appeals · 1889
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Hartley v. . JamesNew York Court of Appeals · 1872
- Hayes v. . NourseNew York Court of Appeals · 1889
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3Cited by5 opinions
- Norwegian Evangelical Free Church v. MilhauserNew York Court of Appeals · 1929
- New York Utility Co. v. Williamsburg Steam Laundry Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Strasbourger v. Hesu Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Link Realty & Construction Co. v. Public Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Westchester & Bronx Realty & Development Co. v. WhitlockAppellate Terms of the Supreme Court of New York · 1913