Flany Realty Co. v. Midhamptons Corp.

Appellate Division of the Supreme Court of New York

Flany Realty Co. v. Midhamptons Corp.

240 A.D. 844

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

DecidedOctober 15, 1933

StatusPublished

This text of 240 A.D. 844 (Flany Realty Co. v. Midhamptons Corp.) 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

Flany Realty Co. v. Midhamptons Corp., 240 A.D. 844 (N.Y. Ct. App. 1933).

Pincite

Opinion

Orders dismissing complaint reversed on the law and the facts, with ten dollars costs and disbursements in each appeal, and motions denied, with ten dollars costs in each, with leave to the defendants to plead within ten days after service of the order to be entered hereon. The defendant Lebkamp Realty Development Co., Inc., not being a party to the agreement sought to be specifically enforced or in the alternative rescinded, is not a proper or necessary party plaintiff. Being a party defendant, it may have notice of all proceedings and can protect its interest in the mortgage in question. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

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Orders dismissing complaint reversed on the law and the facts, with ten dollars costs and disbursements in each appeal, and motions denied, with ten dollars costs in each, with leave to the defendants to plead within ten days after service of the order to be entered hereon. The defendant Lebkamp Realty Development Co., Inc., not being a party to the agreement sought to be specifically enforced or in the alternative rescinded, is not a proper or necessary party plaintiff. Being a party defendant, it may have notice of all proceedings and can protect its interest in the mortgage in question. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

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Bluebook (online)

240 A.D. 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flany-realty-co-v-midhamptons-corp-nyappdiv-1933.