Tryola Trading, Inc. v. Town of Harrison

Appellate Division of the Supreme Court of New York

Tryola Trading, Inc. v. Town of Harrison

11 A.D.2d 790, 205 N.Y.S.2d 971, 1960 N.Y. App. Div. LEXIS 8730

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

DecidedJuly 5, 1960

StatusPublished

This text of 11 A.D.2d 790 (Tryola Trading, Inc. v. Town of Harrison) 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

Tryola Trading, Inc. v. Town of Harrison, 11 A.D.2d 790, 205 N.Y.S.2d 971, 1960 N.Y. App. Div. LEXIS 8730 (N.Y. Ct. App. 1960).

Pincite

Opinion

— In an action in which the complaint pleads three separate causes: (1) to impress a lien upon real property for the down payment upon a contract for the sale of the property; (2) to recover such payment; and (3) to recover damages for defendant’s breach of such contract, the defendant appeals: (1) from so much of an order of the Supreme Court, Westchester County, dated November 23, 1959, as severed the second cause of action to recover the down payment and granted the plaintiff’s motion for summary judgment upon such cause on the ground that the defendant had failed to tender a marketable title to plaintiff on the day mutually fixed for performance; and (2) from the judgment of said court entered November 30, 1959, upon said order. Order insofar as appealed from and judgment affirmed, with one bill of $10' costs and disbursements. No opinion. Beldock, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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— In an action in which the complaint pleads three separate causes: (1) to impress a lien upon real property for the down payment upon a contract for the sale of the property; (2) to recover such payment; and (3) to recover damages for defendant’s breach of such contract, the defendant appeals: (1) from so much of an order of the Supreme Court, Westchester County, dated November 23, 1959, as severed the second cause of action to recover the down payment and granted the plaintiff’s motion for summary judgment upon such cause on the ground that the defendant had failed to tender a marketable title to plaintiff on the day mutually fixed for performance; and (2) from the judgment of said court entered November 30, 1959, upon said order. Order insofar as appealed from and judgment affirmed, with one bill of $10' costs and disbursements. No opinion. Beldock, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

11 A.D.2d 790, 205 N.Y.S.2d 971, 1960 N.Y. App. Div. LEXIS 8730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tryola-trading-inc-v-town-of-harrison-nyappdiv-1960.