Legal Opinion
Gross v. Castleton Housing Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1947Published
1Opinion of the Court
Action by a third party beneficiary for the specific performance of an agreement made by the defendant with the Federal Housing Administration. Order granting defendant’s motion to cancel a lis pendens reversed on the law, with $10 costs and disbursements, and the motion denied, without costs and without prejudice to defendant moving to give an undertaking in respect thereto. .The plaintiff, as a claimed third party beneficiary of a public contract (Seaver V. Bansom, 224 N. Y. 233, 238), has an equitable right to seek specific performance in his status as a potential tenant. (Crolcer v. New…
2Cases cited5 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Croker v. New York Trust Co.New York Court of Appeals · 1927
- Schomacker v. . MichaelsNew York Court of Appeals · 1907
- 220 East 56th Street Corp. v. Excelsior Savings BankAppellate Division of the Supreme Court of the State of New York · 1938
- J. Henry Small Realty Co. v. StraussAppellate Division of the Supreme Court of the State of New York · 1914