Legal Opinion
Charles Albert Co. v. Newtown Creek Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 1924No. Appeal No. 2PublishedCited by 4 opinions
1Opinion of the Court
Young, J.:
This appeal involves the second cause of action in the same complaint, the first cause of action in which was considered in Albert Co., Inc., v. Newtown Creek Realty Corp., No. 1 (211 App. Div. 1), decided herewith. The second cause of action realleges the allegations of the first cause of action and then alleges that on June 11, 1924, immediately after the contract was entered into, it was mutually agreed upon good and valuable considerations that such contract should be deemed modified by eliminating and disregarding the clause by which the.sale was made subject to the written…
2Cases cited8 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Swain v. SeamansSupreme Court of the United States · 1870
- Thomson v. . PoorNew York Court of Appeals · 1895
- Brede v. . Rosedale Terrace Co.New York Court of Appeals · 1915
- Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1908
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3Cited by4 opinions
- Charles Albert Co. v. Newtown Creek Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Colonie Construction Corp. v. De LolloAppellate Division of the Supreme Court of the State of New York · 1966
- La Rosa v. MatthewsNew York Supreme Court · 1961
- Charlay v. Northeast SavingsAppellate Division of the Supreme Court of the State of New York · 1991