Legal Opinion

Rovello v. Orofino Realty Co.

New York Court of Appeals

Decided October 26, 1976PublishedCited by 841 opinions

1Per curiam

Plaintiff purchaser seeks specific performance of an agreement under which defendant Nella Nicastro agreed to sell to plaintiff her late husband’s insurance business and related real estate. Defendants, vendor and the sole corporation which holds some of the real estate, moved, pursuant to CPLR 3211 (subd [a], par 7), for judgment dismissing the complaint for failure to state a cause of action. Special Term denied the motion, a divided Appellate Division reversed, and plaintiff appeals.

*634The issue is whether a motion court may grant judgment under CPLR 3211 (subd [a], par 7), without treating…

2Cases cited5 opinions

  1. Rappaport v. International Playtex Corp.Appellate Division of the Supreme Court of the State of New York · 1974
  2. Kelly v. Bank of BuffaloAppellate Division of the Supreme Court of the State of New York · 1969
  3. Mareno v. KibbeAppellate Division of the Supreme Court of the State of New York · 1969
  4. Raimondi v. FedeliAppellate Division of the Supreme Court of the State of New York · 1968
  5. Epps v. Yonkers Raceway, Inc.Appellate Division of the Supreme Court of the State of New York · 1964

3Cited by841 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  3. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  4. Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
  5. Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010

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