Bernstein v. Goldsticker
This text of 188 A.D. 933 (Bernstein v. Goldsticker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The jurisdiction to require defendant to convey in fee for the consideration agreed, less an abatement for the calculated value of the dower right, is now settled. (Bostwick v. Beach, 103 N. Y. 414; Maas v. Morgenthaler, 136 App. Div. 359.) Having taken jurisdiction to enforce plaintiff’s lien as vendee for payment of part purchase money, the equity court could go on and decree money damages as an alternative to taking such a deed from the husband only, with such dower right outstanding. The judgment is, therefore, unanimously affirmed, with costs. Present — Jenks, P. J., Putnam, Blackmar, Kelly and Jayeox, JJ.
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188 A.D. 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernstein-v-goldsticker-nyappdiv-1919.