Reiners v. Niederstein
Appellate Division of the Supreme Court of the State of New York
Appeal' by the defendant, John Niéderstein, from an amended j udgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of January, 1900, upon the decision of the court rendered after a trial at the Kings County Special Term decreeing specific performance of a contract to purchase a bond and mortgage, except .from so. much of said judgment as awards the sum of seventy-five dollars to the defendant for an…
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Appeal' by the defendant, John Niéderstein, from an amended j udgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of January, 1900, upon the decision of the court rendered after a trial at the Kings County Special Term decreeing specific performance of a contract to purchase a bond and mortgage, except .from so. much of said judgment as awards the sum of seventy-five dollars to the defendant for an examination of the title to the premises described in the complaint.
1Opinion of the Court
Jenks, J.:
This is an action for specific performance of a contract of the defendant to purchase a bond and mortgage. The Special Term filed its decision, stating concisely the grounds upon which the issue was decided, and directing judgment for the plaintiff pursuant to the procedure authorized by section 1022, Code of Civil Procedure, and this was done. The defendant failed to file any exception to such decision, as provided for. in the said section of the Code, and the case does not contain any certificate that it contains all of the evidence, or all of the evidence upon the questions…
2Cases cited3 opinions
- Haffey v. . LynchNew York Court of Appeals · 1894
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
3Cited by2 opinions
- Forgotston v. BrafmanAppellate Terms of the Supreme Court of New York · 1903
- Piltz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903