Legal Opinion
Burack v. Tollig
New York Supreme Court
Decided March 4, 1957PublishedCited by 3 opinions
1Opinion of the CourtArthur D. Brennan, J.
The plaintiff brings this action for specific performance of a contract for the sale of certain real property, with an abatement by reason of a fire which resulted in the complete destruction of the dwelling erected thereon and furnishings contained therein. The said fire and the aforesaid destruction occurred between the date of the execution of the contract and the date of closing. Possession of the subject property was not transferred to the purchaser prior to the fire and the aforesaid contract was silent with respect to the rights of the parties thereto in the event of a total or…
2Cases cited6 opinions
- Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925
- Phinizy v. GuernseySupreme Court of Georgia · 1900
- Rosenbloom v. Maryland InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
- World Exhibit Corp. v. City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1946
- World Exhibit Corp. v. City Bank Farmers Trust Co.New York Court of Appeals · 1946
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3Cited by3 opinions
- Lucenti v. Cayuga Apartments, Inc.New York Court of Appeals · 1979
- Lucenti v. Cayuga Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- County of Westchester v. P. & M. Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1964