Kaston v. Nathan Zimmerman & George Orlove & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isaac Kaston, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Bronx on the 16th day of January, 1920, upon the decision of the court rendered after a trial at the Bronx Special Term dismissing the complaint and canceling a lis pendens filed by the plaintiff, on the motion of the defendants for a dismissal made at the opening of the trial.
1Opinion of the Court
Laughlin, J.:
The .ground on which the defendants moved for a dismissal was that the suit is in equity and the plaintiff's remedy is an action at law to recover his down payment under the contract for the purchase of the premises described in the complaint. The record does not show that the plaintiff made any request or suggestion that the action be retained and transferred to the calendar for the trial of issues by a jury, and it is not claimed on the appeal that the action should be retained as one at law. The complaint is plainly framed in equity and the cause was placed on the calendar for…
2Cases cited17 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Long v. . WarrenNew York Court of Appeals · 1877
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
- Bradley v. BosleyNew York Court of Chancery · 1845
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3Cited by8 opinions
- Sylvester v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1954
- West Side Federal Savings & Loan Ass'n v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1984
- Ressler v. Samphimor Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- Hall v. GraysAppellate Division of the Supreme Court of the State of New York · 1929
- Mullin v. RousseauCalifornia Court of Appeal · 1931
3 more not listed; retrieve them via the Exa API.