Legal Opinion
Rosenchein v. McNally
New York County Courts
Decided May 5, 1962Published
1Opinion of the Court
Johst H. Galloway, Jr., J.
Motion pursuant to rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it appears on its face not to state facts sufficient to constitute a cause of action. It appears from the complaint and the exhibits attached thereto that the plaintiff, as vendee, and the defendant, as vendor, entered into a contract for the sale of real property in the Town of Pound Ridge by a contract dated April 12, 1961. After the contract was signed, and after a variance was granted by the Town Board, the plaintiff, on or about June 8, 1961, discovered that…
2Cases cited7 opinions
- Junius Construction Corp. v. CohenNew York Court of Appeals · 1931
- Buckley v. 112 Central Park South, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Seneca Wire & Manufacturing Co. v. A. B. Leach & Co.New York Court of Appeals · 1928
- White v. La DueNew York Supreme Court · 1950
- Clearview Associates, Inc. v. Clearview Gardens First Corp.Appellate Division of the Supreme Court of the State of New York · 1955
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