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

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

DecidedJuly 3, 1974

StatusPublished

This text of 45 A.D.2d 897 (Gelbro Realty, Inc. v. McCabe) 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

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

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.

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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.

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Bluebook (online)

45 A.D.2d 897, 358 N.Y.S.2d 1013, 1974 N.Y. App. Div. LEXIS 4517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelbro-realty-inc-v-mccabe-nyappdiv-1974.