Allen v. Fix

Appellate Division of the Supreme Court of New York

Allen v. Fix

253 A.D. 868, 1 N.Y.S.2d 537, 1938 N.Y. App. Div. LEXIS 8968

Appellate Division of the Supreme Court of the State of New York·Decided January 12, 1938·Published

Opinion

Judgment affirmed, with costs. Memorandum: We base our affirmance upon the ground that there was no breach of the condition in the deed that the grantee should not sell the land during its corporate existence, as the undisputed evidence is to the effect that the corporation has been dissolved before the deed was given; and upon the further ground that the Statute of Limitations had run. (Civ. Prac. Act, § 34.) All concur. (The judgment dismisses the complaint in an ejectment action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Judgment affirmed, with costs. Memorandum: We base our affirmance upon the ground that there was no breach of the condition in the deed that the grantee should not sell the land during its corporate existence, as the undisputed evidence is to the effect that the corporation has been dissolved before the deed was given; and upon the further ground that the Statute of Limitations had run. (Civ. Prac. Act, § 34.) All concur. (The judgment dismisses the complaint in an ejectment action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

Allen v. Fix, 253 A.D. 868, 1 N.Y.S.2d 537, 1938 N.Y. App. Div. LEXIS 8968 (N.Y. Ct. App. 1938).

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