Legal Opinion

Sokolski v. Buttenwieser

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1904PublishedCited by 4 opinions

Appeal by the plaintiff, Ray Sokolski, 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, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits,

1Opinion of the Court

Patterson, J.:

The plaintiff appeals from a judgment dismissing the complaint upon the merits. The action was brought for the specific performance of a contract, made between the plaintiff as vendee and the defendant as vendor of real estate in the city of New York, known as No. 125 Second avenue. It is not to be disputed that the action is one for specific performance, for every alternative demand for *20relief in the complaint relates to specific performance. The contention of the plaintiff in the court below and on this appeal is that she was entitled to the relief prayed for, but she also…

2Cases cited2 opinions

  1. Levy v. HillAppellate Division of the Supreme Court of the State of New York · 1900
  2. Levy v. . HillNew York Court of Appeals · 1903

3Cited by4 opinions

  1. Kaloumenos v. BottaccioAppellate Division of the Supreme Court of the State of New York · 1948
  2. Leerburger v. WatsonNew York Supreme Court · 1911
  3. Rosenberg v. WilsonAppellate Division of the Supreme Court of the State of New York · 1907
  4. Moss v. RubensteinNew York Supreme Court · 1921

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