Cesarotti v. Stack

Appellate Division of the Supreme Court of New York

Cesarotti v. Stack

272 A.D.2d 917

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 16, 1947

StatusPublished

This text of 272 A.D.2d 917 (Cesarotti v. Stack) 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.

Bluebook

Cesarotti v. Stack, 272 A.D.2d 917 (N.Y. Ct. App. 1947).

Pincite

Opinion

Action for specific performance of a contract for the sale of real property. Judgment for the plaintiff modified on the law and facts by striking therefrom the [918]*918direction that the defendant execute a full covenant and warranty deed and by substituting therefor a provision that the defendant shall execute a bargain and sale deed. As thus modified, the judgment is unanimously affirmed, with costs to respondent. The second conclusion of law is modified by striking out the words “ full covenant and warranty ” and by inserting in place thereof the words “ bargain and sale ”. The inadvertent error in respect of the description of the deed could have been corrected by motion without having recourse to an appeal. Present — Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ.

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Action for specific performance of a contract for the sale of real property. Judgment for the plaintiff modified on the law and facts by striking therefrom the [918]*918direction that the defendant execute a full covenant and warranty deed and by substituting therefor a provision that the defendant shall execute a bargain and sale deed. As thus modified, the judgment is unanimously affirmed, with costs to respondent. The second conclusion of law is modified by striking out the words “ full covenant and warranty ” and by inserting in place thereof the words “ bargain and sale ”. The inadvertent error in respect of the description of the deed could have been corrected by motion without having recourse to an appeal. Present — Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ.

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Bluebook (online)

272 A.D.2d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cesarotti-v-stack-nyappdiv-1947.