Josephs v. Ellman

Appellate Division of the Supreme Court of New York

Josephs v. Ellman

259 A.D. 723, 18 N.Y.S.2d 1011, 1940 N.Y. App. Div. LEXIS 6412

Appellate Division of the Supreme Court of the State of New York·Decided March 4, 1940·Published

Opinion

Action for specific performance, to compel the defendant association to execute in its name as grantor a deed to plaintiff to a cemetery plot. The affirmative defense alleges that plaintiff is in default in payment of dues. Order denying plaintiff’s motion for judgment on the pleadings, under rule 112, Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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Action for specific performance, to compel the defendant association to execute in its name as grantor a deed to plaintiff to a cemetery plot. The affirmative defense alleges that plaintiff is in default in payment of dues. Order denying plaintiff’s motion for judgment on the pleadings, under rule 112, Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

Josephs v. Ellman, 259 A.D. 723, 18 N.Y.S.2d 1011, 1940 N.Y. App. Div. LEXIS 6412 (N.Y. Ct. App. 1940).

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