Sabar Equities, Inc. v. Gaskin

Appellate Division of the Supreme Court of New York

Sabar Equities, Inc. v. Gaskin

39 A.D.2d 737, 332 N.Y.S.2d 417, 1972 N.Y. App. Div. LEXIS 4690

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

DecidedMay 8, 1972

StatusPublished

This text of 39 A.D.2d 737 (Sabar Equities, Inc. v. Gaskin) 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

Sabar Equities, Inc. v. Gaskin, 39 A.D.2d 737, 332 N.Y.S.2d 417, 1972 N.Y. App. Div. LEXIS 4690 (N.Y. Ct. App. 1972).

Pincite

Opinion

In three actions by a vendee, originally for specific performance [738]*738of three contracts to sell three respective parcels of realty, plaintiff appeals from the separate three judgments, of the Supreme Court, Kings County, all dated September 30, 1971 and made after a joint nonjury trial, which inter tilia, dismissed plaintiff’s complaints (the judgment entered under index No. 916/1971 awarded defendant specific performance on five contracts, including the three upon which plaintiff sued). Two judgments entered under index Nos. 915/1971 and 917/1971, respectively, affirmed. No opinion. Judgment entered under index No. 916/1971 modified, on the law, by inserting in the seventh decretal paragraph thereof, immediately before the words “ and simultaneously ”, the following: “ the amounts of which balances and interest are set forth herein in the tenth decretal paragraph of this judgment ”. As so modified, judgment affirmed. The findings of fact below are affirmed. Defendant is awarded one bill of costs, to cover all the appeals. In our opinion, the judgment entered under index No. 916/1971 was somewhat unclear, to the extent indicated herein, as to the exact amounts properly owed by plaintiff to defendant and, consequently, it has been modified herein accordingly. Rabin, P. J., Hopkins, Martuscello, Christ and Brennan, JJ., concur.

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In three actions by a vendee, originally for specific performance [738]*738of three contracts to sell three respective parcels of realty, plaintiff appeals from the separate three judgments, of the Supreme Court, Kings County, all dated September 30, 1971 and made after a joint nonjury trial, which inter tilia, dismissed plaintiff’s complaints (the judgment entered under index No. 916/1971 awarded defendant specific performance on five contracts, including the three upon which plaintiff sued). Two judgments entered under index Nos. 915/1971 and 917/1971, respectively, affirmed. No opinion. Judgment entered under index No. 916/1971 modified, on the law, by inserting in the seventh decretal paragraph thereof, immediately before the words “ and simultaneously ”, the following: “ the amounts of which balances and interest are set forth herein in the tenth decretal paragraph of this judgment ”. As so modified, judgment affirmed. The findings of fact below are affirmed. Defendant is awarded one bill of costs, to cover all the appeals. In our opinion, the judgment entered under index No. 916/1971 was somewhat unclear, to the extent indicated herein, as to the exact amounts properly owed by plaintiff to defendant and, consequently, it has been modified herein accordingly. Rabin, P. J., Hopkins, Martuscello, Christ and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 737, 332 N.Y.S.2d 417, 1972 N.Y. App. Div. LEXIS 4690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabar-equities-inc-v-gaskin-nyappdiv-1972.