Momberger v. Maleca Co.

Appellate Division of the Supreme Court of New York

Momberger v. Maleca Co.

274 A.D. 932, 84 N.Y.S.2d 916, 1948 N.Y. App. Div. LEXIS 4152

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

DecidedNovember 8, 1948

StatusPublished

Cited by2 cases

This text of 274 A.D. 932 (Momberger v. Maleca Co.) 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

Momberger v. Maleca Co., 274 A.D. 932, 84 N.Y.S.2d 916, 1948 N.Y. App. Div. LEXIS 4152 (N.Y. Ct. App. 1948).

Pincite

Opinion

Plaintiff and defendants entered into a contract for the purchase and sale of a parcel of real property owned by defendant Maleca Co. Inc., and the restaurant, bar and grill conducted on the premises and owned by defendant Bayside Station Cafe, Inc. The contract contained a provision that the sale is subject to the approval of the State Liquor Authority and title shall not pass until the sale is approved and a license issued to the purchaser or his assigns. Plaintiff, unable to get a license because of his noncitizenship, sues to recover his down payment. Judgment for plaintiff unanimously affirmed, with costs. [933]*933No opinion. Appeal from decision dismissed, without costs. Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ.

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Plaintiff and defendants entered into a contract for the purchase and sale of a parcel of real property owned by defendant Maleca Co. Inc., and the restaurant, bar and grill conducted on the premises and owned by defendant Bayside Station Cafe, Inc. The contract contained a provision that the sale is subject to the approval of the State Liquor Authority and title shall not pass until the sale is approved and a license issued to the purchaser or his assigns. Plaintiff, unable to get a license because of his noncitizenship, sues to recover his down payment. Judgment for plaintiff unanimously affirmed, with costs. [933]*933No opinion. Appeal from decision dismissed, without costs. Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ.

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Bluebook (online)

274 A.D. 932, 84 N.Y.S.2d 916, 1948 N.Y. App. Div. LEXIS 4152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/momberger-v-maleca-co-nyappdiv-1948.

Opinion

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