Rayboy Carwash Enterprises, Inc. v. Kismet Realty Corp.

Appellate Division of the Supreme Court of New York

Rayboy Carwash Enterprises, Inc. v. Kismet Realty Corp.

5 A.D.2d 686, 169 N.Y.S.2d 433, 1957 N.Y. App. Div. LEXIS 3706

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

DecidedDecember 9, 1957

StatusPublished

This text of 5 A.D.2d 686 (Rayboy Carwash Enterprises, Inc. v. Kismet Realty Corp.) 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

Rayboy Carwash Enterprises, Inc. v. Kismet Realty Corp., 5 A.D.2d 686, 169 N.Y.S.2d 433, 1957 N.Y. App. Div. LEXIS 3706 (N.Y. Ct. App. 1957).

Pincite

Opinion

Plaintiff and defendant entered into a lease pursuant to which defendant as landlord agreed to construct a building for plaintiff as therein set forth. The action seeks specific performance of that agreement. The complaint was dismissed by the trial court on the ground that it would not entertain an action for specific performance of a construction contract. Plaintiff appeals from the judgment entered thereon, and defendant appeals from an order entered after a hearing settling the case on appeal, insofar as it disallowed defendant’s proposed amendments to said case. Judgment, and order insofar as appealed from, unanimously affirmed, with costs. No opinion.

Present — Nolan, P. J., Murphy, Ughetta and Hallinan, JJ.; Kleinfeld, J., not voting.

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Plaintiff and defendant entered into a lease pursuant to which defendant as landlord agreed to construct a building for plaintiff as therein set forth. The action seeks specific performance of that agreement. The complaint was dismissed by the trial court on the ground that it would not entertain an action for specific performance of a construction contract. Plaintiff appeals from the judgment entered thereon, and defendant appeals from an order entered after a hearing settling the case on appeal, insofar as it disallowed defendant’s proposed amendments to said case. Judgment, and order insofar as appealed from, unanimously affirmed, with costs. No opinion.

Present — Nolan, P. J., Murphy, Ughetta and Hallinan, JJ.; Kleinfeld, J., not voting.

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Bluebook (online)

5 A.D.2d 686, 169 N.Y.S.2d 433, 1957 N.Y. App. Div. LEXIS 3706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rayboy-carwash-enterprises-inc-v-kismet-realty-corp-nyappdiv-1957.