In re the Claim of McLean

Appellate Division of the Supreme Court of New York

In re the Claim of McLean

5 A.D.2d 1018, 172 N.Y.S.2d 793, 1958 N.Y. App. Div. LEXIS 6369

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

DecidedApril 2, 1958

StatusPublished

This text of 5 A.D.2d 1018 (In re the Claim of McLean) 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

In re the Claim of McLean, 5 A.D.2d 1018, 172 N.Y.S.2d 793, 1958 N.Y. App. Div. LEXIS 6369 (N.Y. Ct. App. 1958).

Pincite

Opinion

Action by the assignee of the purchaser named in a contract for the sale of real property to compel the specific performance of the contract, to require the sellers to deliver a release of covenants and restrictions imposed by the defendant Community Founders, Inc., affecting the subject property, or for an abatement of $10,000 in the purchase price, the cost of obtaining said release, and for other relief. After trial a judgment was entered directing specific performance, without requiring delivery of the release. The sellers appeal from so much of the judgment as directs specific performance and the assignee appeals from so much of said judgment as fails to direct delivery of the release or to grant an abatement. Judgment insofar as appealed from unanimously affirmed, without costs. No opinion.

Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Action by the assignee of the purchaser named in a contract for the sale of real property to compel the specific performance of the contract, to require the sellers to deliver a release of covenants and restrictions imposed by the defendant Community Founders, Inc., affecting the subject property, or for an abatement of $10,000 in the purchase price, the cost of obtaining said release, and for other relief. After trial a judgment was entered directing specific performance, without requiring delivery of the release. The sellers appeal from so much of the judgment as directs specific performance and the assignee appeals from so much of said judgment as fails to direct delivery of the release or to grant an abatement. Judgment insofar as appealed from unanimously affirmed, without costs. No opinion.

Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

5 A.D.2d 1018, 172 N.Y.S.2d 793, 1958 N.Y. App. Div. LEXIS 6369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mclean-nyappdiv-1958.