Camardella v. Schwartz
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Hooker, J.:
The parties have entered into a contract, the plaintiff to sell and the defendant to buy certain real property. Before the time for closing the title the defendant urged objections to the title, and this submission is the result. The plaintiff took title by the usual executor’s deed from the administrators with the will annexed of Charles Falir, deceased. Fahr’s will made what appears to have been an exceedingly fair and equitable provision in lieu of dower for his wife, who was at the time of making the will, and had been for a number of years prior thereto and still is hopelessly…
2Cases cited5 opinions
- Flynn v. . McDermottNew York Court of Appeals · 1905
- Welch v. AndersonSupreme Court of Missouri · 1859
- Pinkerton v. SargentMassachusetts Supreme Judicial Court · 1869
- Eltzroth v. BinfordIndiana Supreme Court · 1880
- Donald v. PortisSupreme Court of Alabama · 1868
3Cited by18 opinions
- In re Westchester County Medical CenterNew York Court of Appeals · 1988
- In Re the Will of HillsNew York Court of Appeals · 1934
- In Re the Accounting of ZalewskiNew York Court of Appeals · 1944
- In re the Estate of MihlmanNew York Surrogate's Court · 1931
- In re BrownAppellate Division of the Supreme Court of the State of New York · 1925
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