Roto-Wac Realty Corp. v. Roto-Lith Ltd.

Appellate Division of the Supreme Court of New York

Roto-Wac Realty Corp. v. Roto-Lith Ltd.

5 A.D.2d 814, 170 N.Y.S.2d 985, 1958 N.Y. App. Div. LEXIS 6961

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

DecidedFebruary 11, 1958

StatusPublished

This text of 5 A.D.2d 814 (Roto-Wac Realty Corp. v. Roto-Lith Ltd.) 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

Roto-Wac Realty Corp. v. Roto-Lith Ltd., 5 A.D.2d 814, 170 N.Y.S.2d 985, 1958 N.Y. App. Div. LEXIS 6961 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order granting motion to dismiss is modified on the law and in the exercise of discretion, with costs to respondent. Appellant is granted leave to serve within 10 days from the service of a copy of the order to be entered herein, if she be so advised, an amended complaint containing an allegation that appellant was able and willing to perform, provided a reasonable adjournment of the closing had been granted by the vendor and eliminating from the complaint allegations with respect to objections to title not made on the law day, and on the condition that appellant serve with such amended complaint a stipulation (consented to in open court) that she consents to a consolidation of this action with the action for specific performance brought by respondent and now pending, and that she waives her right to a trial by jury. The order is otherwise affirmed. Settle order.

Concur — Botein, P. J., Breitel, Frank, Valente and McNally, JJ.

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Order granting motion to dismiss is modified on the law and in the exercise of discretion, with costs to respondent. Appellant is granted leave to serve within 10 days from the service of a copy of the order to be entered herein, if she be so advised, an amended complaint containing an allegation that appellant was able and willing to perform, provided a reasonable adjournment of the closing had been granted by the vendor and eliminating from the complaint allegations with respect to objections to title not made on the law day, and on the condition that appellant serve with such amended complaint a stipulation (consented to in open court) that she consents to a consolidation of this action with the action for specific performance brought by respondent and now pending, and that she waives her right to a trial by jury. The order is otherwise affirmed. Settle order.

Concur — Botein, P. J., Breitel, Frank, Valente and McNally, JJ.

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Bluebook (online)

5 A.D.2d 814, 170 N.Y.S.2d 985, 1958 N.Y. App. Div. LEXIS 6961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roto-wac-realty-corp-v-roto-lith-ltd-nyappdiv-1958.