Lennox v. Lennox
Appellate Division of the Supreme Court of the State of New York
Appeal by Samuel J. Mashkowitz from an order of the County Court of Queens county, entered in the office of the clerk of the county of Queens on the 14th day of December, 1920, denying appellant’s motion to compel the plaintiff and the referee herein to pay and return to him $960 heretofore paid by him as a deposit on the purchase of certain real property sold in the above-entitled action, and also from an order entered in said clerk’s office on the 27th day of April, 1921,…
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Appeal by Samuel J. Mashkowitz from an order of the County Court of Queens county, entered in the office of the clerk of the county of Queens on the 14th day of December, 1920, denying appellant’s motion to compel the plaintiff and the referee herein to pay and return to him $960 heretofore paid by him as a deposit on the purchase of certain real property sold in the above-entitled action, and also from an order entered in said clerk’s office on the 27th day of April, 1921, directing the appellant to pay over the remainder of the purchase price upon receiving from the referee a deed to the…
1Opinion of the Court
Mills, J.:
This is an appeal by a purchaser at a partition sale of certain real estate situated in the borough of Queens, from two certain orders made by the County Court of Queens county, the one on December 14, 1920, which denied the motion of said purchaser for the return to him of the deposit of ten per cent made by him upon said purchase at the time of the sale and for other relief, and the other made April 25, 1921, which granted the plaintiff’s motion to compel the purchaser to complete his said purchase.
The facts being undisputed are the following: The action is the ordinary one for…
2Cases cited1 opinion
- Rice v. . BarrettNew York Court of Appeals · 1885
3Cited by1 opinion
- Stewart v. FererCourt of Appeals for the Tenth Circuit · 1947