Legal Opinion

Interborough Rapid Transit Company v. . Kelsey

New York Court of Appeals

Decided July 11, 1916PublishedCited by 3 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 11,1914, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term in an action to recover the down money paid by plaintiff as vendee on the execution of a contract to purchase a parcel of land on the Harlem river.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 11,1914, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term in an action to recover the down money paid by plaintiff as vendee on the execution of a contract to purchase a parcel of land on the Harlem river. Plaintiff also sought to establish and foreclose a lien on the land for the repayment of said amount. The answer pleads a counterclaim for specific performance of the contract. The judgment dismisses the complaint…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Chase, Collin, Cuddebaok, Hogan, Oardozo and Seabury, JJ.

2Cited by3 opinions

  1. Brzozowski v. BoutingerNew York Supreme Court · 1943
  2. Good Report Realty Corp. v. PineAppellate Division of the Supreme Court of the State of New York · 1932
  3. Mosher v. StateNew York Court of Claims · 1963

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