Knafo v. D.I.G. Properties, Inc.

Appellate Division of the Supreme Court of New York

Knafo v. D.I.G. Properties, Inc.

207 A.D.2d 479, 616 N.Y.S.2d 238, 1994 N.Y. App. Div. LEXIS 8430

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

DecidedAugust 22, 1994

StatusPublished

This text of 207 A.D.2d 479 (Knafo v. D.I.G. Properties, Inc.) 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

Knafo v. D.I.G. Properties, Inc., 207 A.D.2d 479, 616 N.Y.S.2d 238, 1994 N.Y. App. Div. LEXIS 8430 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action, inter alia, for a judgment declaring the defendant in breach of a contract for the sale of real property, the defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Leviss, J.), dated November 4,1992, as, after a nonjury trial, discharged the recorded mortgage.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the statements contained in the plaintiff’s "petition” were sufficiently particular to provide the court and the defendant with notice of the transactions or occurrences to be proved at the trial, and supported the material elements of a cause of action alleging the breach of a real estate contract (see, CPLR 3013). Further, a substantial right of the defendant was not prejudiced by the trial court’s insistence that the matter proceed to trial as an action to recover damages for a breach of a real estate contract (see, CPLR 3026). Lawrence, J. P., O’Brien, Copertino and Friedmann, JJ., concur.

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—In an action, inter alia, for a judgment declaring the defendant in breach of a contract for the sale of real property, the defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Leviss, J.), dated November 4,1992, as, after a nonjury trial, discharged the recorded mortgage.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the statements contained in the plaintiff’s "petition” were sufficiently particular to provide the court and the defendant with notice of the transactions or occurrences to be proved at the trial, and supported the material elements of a cause of action alleging the breach of a real estate contract (see, CPLR 3013). Further, a substantial right of the defendant was not prejudiced by the trial court’s insistence that the matter proceed to trial as an action to recover damages for a breach of a real estate contract (see, CPLR 3026). Lawrence, J. P., O’Brien, Copertino and Friedmann, JJ., concur.

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Bluebook (online)

207 A.D.2d 479, 616 N.Y.S.2d 238, 1994 N.Y. App. Div. LEXIS 8430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knafo-v-dig-properties-inc-nyappdiv-1994.