Gelbro Realty, Inc. v. McCabe

Appellate Division of the Supreme Court of New York

Gelbro Realty, Inc. v. McCabe

45 A.D.2d 897, 358 N.Y.S.2d 1013, 1974 N.Y. App. Div. LEXIS 4517

Appellate Division of the Supreme Court of the State of New York·Decided July 3, 1974·Published

Opinion

Appeal from an order of the Supreme Court at Special Term, entered August 3, 1973, which denied a motion to dismiss the complaint and cancel the notice of pendency filed by plaintiff. In Matter of Sawyer (45 A D 2d 823) an order of the Surrogate’s Court of Columbia County denying the application of appellant therein for reargument .was affirmed. Implicit in that determination was a finding that the condition precedent to a binding contract was never fulfilled. All the causes of action set forth in the complaint are premised on the existence of a valid contract which we find did not exist. Order reversed, on the law and the facts, without costs, complaint dismissed and notice of pendency canceled. Herlihy, P. J., Greenblott, Cooke, Kane and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order of the Supreme Court at Special Term, entered August 3, 1973, which denied a motion to dismiss the complaint and cancel the notice of pendency filed by plaintiff. In Matter of Sawyer (45 A D 2d 823) an order of the Surrogate’s Court of Columbia County denying the application of appellant therein for reargument .was affirmed. Implicit in that determination was a finding that the condition precedent to a binding contract was never fulfilled. All the causes of action set forth in the complaint are premised on the existence of a valid contract which we find did not exist. Order reversed, on the law and the facts, without costs, complaint dismissed and notice of pendency canceled. Herlihy, P. J., Greenblott, Cooke, Kane and Reynolds, JJ., concur.

Gelbro Realty, Inc. v. McCabe, 45 A.D.2d 897, 358 N.Y.S.2d 1013, 1974 N.Y. App. Div. LEXIS 4517 (N.Y. Ct. App. 1974).

Pincite

45 A.D.2d 897 (Gelbro Realty, Inc. v. McCabe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.