Phillips v. West Rockaway Land Co. & Belle Harbor Edgemere Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Phillips, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 28th day of July, 1916, upon the decision of the court after a trial at the Queens County Special Term. (See 175 App. Div. 949; 177 id. 930.) Judgment affirmed, with costs, on the opinion of Mr. Justice Blaokmar at Special Term.
1Opinion of the Court
Jenks, P. J., Thomas, Stapleton, Mills and Rich, JJ., concurred.
The following is the opinion delivered at Special Term:
Blackmar, J.:
The plaintiff fully believed that he was securing lots fronting on the ocean. The physical conditions existing at the time he bought indicated that his lots had an ocean front. At that point the pavement, curbing and sidewalks of Southampton avenue ended, and between it and the ocean, about 150 feet distant at high water, there was nothing but beach sand. He told Hr. Hay, the broker, that he wanted ocean front property and would consider nothing else. Hr. Hay…
2Cited by2 opinions
- Phillips v. West Rockaway Land Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Phillips v. West Rockaway Land Co.Appellate Division of the Supreme Court of the State of New York · 1916