Etnor Realty Co. v. Goodman

Appellate Division of the Supreme Court of New York

Etnor Realty Co. v. Goodman

285 A.D. 971, 139 N.Y.S.2d 912

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

DecidedMarch 21, 1955

StatusPublished

This text of 285 A.D. 971 (Etnor Realty Co. v. Goodman) 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

Etnor Realty Co. v. Goodman, 285 A.D. 971, 139 N.Y.S.2d 912 (N.Y. Ct. App. 1955).

Pincite

Opinion

— In an action to compel specific performance of a contract whereby defendants agreed to sell real property to plaintiff, defendants counterclaimed for specific performance or for other relief. After trial at Special Term, a judgment was entered dismissing the complaint, awarding judgment to defendants for the relief demanded in their counterclaim, directing plaintiff to specifically perform the contract and providing that on plaintiff’s failure to perform defendants might apply for resettlement of the judgment so as to provide for alternative relief. The plaintiff having failed to perform, the judgment was resettled so as to provide that the down payment of $6,500 shall be retained by defendants in accordance with the provisions of the contract. Plaintiff appeals from the judgment and from the resettled judgment. Resettled judgment unanimously affirmed, with costs. Ho opinion. Appeal from original judgment dismissed, without costs. The original judgment was superseded by the resettled judgment. Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ.

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— In an action to compel specific performance of a contract whereby defendants agreed to sell real property to plaintiff, defendants counterclaimed for specific performance or for other relief. After trial at Special Term, a judgment was entered dismissing the complaint, awarding judgment to defendants for the relief demanded in their counterclaim, directing plaintiff to specifically perform the contract and providing that on plaintiff’s failure to perform defendants might apply for resettlement of the judgment so as to provide for alternative relief. The plaintiff having failed to perform, the judgment was resettled so as to provide that the down payment of $6,500 shall be retained by defendants in accordance with the provisions of the contract. Plaintiff appeals from the judgment and from the resettled judgment. Resettled judgment unanimously affirmed, with costs. Ho opinion. Appeal from original judgment dismissed, without costs. The original judgment was superseded by the resettled judgment. Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ.

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Bluebook (online)

285 A.D. 971, 139 N.Y.S.2d 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/etnor-realty-co-v-goodman-nyappdiv-1955.