Freedom Enterprises, Inc. v. Hager Realty Corp.

Appellate Division of the Supreme Court of New York

Freedom Enterprises, Inc. v. Hager Realty Corp.

32 A.D.2d 899, 302 N.Y.S.2d 59, 1969 N.Y. App. Div. LEXIS 3453

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

DecidedJuly 3, 1969

StatusPublished

This text of 32 A.D.2d 899 (Freedom Enterprises, Inc. v. Hager Realty 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

Freedom Enterprises, Inc. v. Hager Realty Corp., 32 A.D.2d 899, 302 N.Y.S.2d 59, 1969 N.Y. App. Div. LEXIS 3453 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered August 12, 1966, dismissing plaintiff’s complaint, and order entered January 14, 1969, denying reargument, unanimously affirmed, without costs and disbursements. We conclude that the remedy of specific performance is unavailable to plaintiffs but we do not reach a determination on the merits as to whether the plaintiffs defaulted under the contract on the closing date of February 14, 1964, as claimed by defendants or whether a default, if it then occurred, was waived. Under the circumstances, the dismissal of the complaint shall not be res judicata as to the right, if any, of the plaintiffs to recover back the down payment made by them. Concur— Eager, J. P., Capozzoli, Tilzer, Markewich and Nunez, JJ.

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Order entered August 12, 1966, dismissing plaintiff’s complaint, and order entered January 14, 1969, denying reargument, unanimously affirmed, without costs and disbursements. We conclude that the remedy of specific performance is unavailable to plaintiffs but we do not reach a determination on the merits as to whether the plaintiffs defaulted under the contract on the closing date of February 14, 1964, as claimed by defendants or whether a default, if it then occurred, was waived. Under the circumstances, the dismissal of the complaint shall not be res judicata as to the right, if any, of the plaintiffs to recover back the down payment made by them. Concur— Eager, J. P., Capozzoli, Tilzer, Markewich and Nunez, JJ.

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Bluebook (online)

32 A.D.2d 899, 302 N.Y.S.2d 59, 1969 N.Y. App. Div. LEXIS 3453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freedom-enterprises-inc-v-hager-realty-corp-nyappdiv-1969.