Morris v. Dorfmann

Appellate Division of the Supreme Court of New York

Morris v. Dorfmann

226 A.D. 695

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1929·Published

Opinion

Order reversed upon the law, with ten dollars costs and, disbursements, and motion denied,'with ten dollars costs. Rule 113 of the Rules of Civil Practice is not applicable to an action for the specific performance of a contract for" the sale of real property, because it is not an action brought to recover a debt or liquidated demand. (103 Park Avenue Co. v. Exchange Buffet Corporation, 203 App. Div. 739; Securities Acceptance Corporation v. Kane Co., Inc., 119 Misc. 354; Lowe v. Plainfield Trust Co., 216 App. Div. 72.) Lazansky, P. J., Rich, Kapper, Carswell and Scudder, JJ., concur.

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Order reversed upon the law, with ten dollars costs and, disbursements, and motion denied,'with ten dollars costs. Rule 113 of the Rules of Civil Practice is not applicable to an action for the specific performance of a contract for" the sale of real property, because it is not an action brought to recover a debt or liquidated demand. (103 Park Avenue Co. v. Exchange Buffet Corporation, 203 App. Div. 739; Securities Acceptance Corporation v. Kane Co., Inc., 119 Misc. 354; Lowe v. Plainfield Trust Co., 216 App. Div. 72.) Lazansky, P. J., Rich, Kapper, Carswell and Scudder, JJ., concur.

Morris v. Dorfmann, 226 A.D. 695 (N.Y. Ct. App. 1929).

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