Garibaldi Realty & Construction Co. v. Santangelo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Guisepina Santangelo and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 11th day of February, 1914, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Hotchkiss, J.:
The action is for specific performance of a contract to convey by full covenant and warranty deed, and for a total consideration of $14,250, two lots of vacant land located in the borough of The Bronx, with an allowance for shortage of area. On the trial defendants joined in praying for specific performance. The contract provided that $8,000 of the purchase price was to be paid by taking the property subject to a mortgage for that amount, recited to be “ open and due, ” and the balance in cash *514on the closing of title. In the contract the premises were described as commencing at…
2Cases cited2 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Weissberger v. WallachAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Wong v. WeissmanAppellate Division of the Supreme Court of the State of New York · 1987
- Kraitenberger v. Aloow Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Sefaradi v. AssilAppellate Division of the Supreme Court of the State of New York · 1991