Legal Opinion

Wasserman v. Manson

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

Decided March 1, 1929PublishedCited by 2 opinions

1Opinion of the CourtO’Malley, J.

The action is in equity and in its essence one for the specific performance of a contract to convey real property. The complaint was dismissed apparently upon the sole ground that it failed to allege that the plaintiff had no adequate remedy at law.

But such allegation is not essential in an action of the character here disclosed. The pleading itself is sufficient to show that the plaintiff has no adequate remedy, or not one, at least, which may *343be full, adequate and perfect. (Baumann v. Pinckney, 138 N. Y. 604, 612; International Paper Co. v. Hudson River Water Power Company, 92 App. Div. 56,…

2Cases cited1 opinion

  1. International Paper Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Lezell v. FordeNew York Supreme Court · 2009
  2. Samaniuk v. Sag Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1979

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