ROVELLO v. OROFINO REALTY CO.


40 N.Y.2d 633 (1976)

Michael Rovello, Appellant, v. Orofino Realty Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided October 26, 1976.


Attorney(s) appearing for the Case

Samuel S. Slavitt and Basil Filardi, Jr., White Plains, for appellant.

Albert E. Yorio, White Plains, for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, FUCHSBERG and COOKE concur in Per Curiam opinion; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judge GABRIELLI concurs.


Per Curiam.

Plaintiff purchaser seeks specific performance of an agreement under which defendant Nella Nicastro agreed to sell to plaintiff her late husband's insurance business and related real estate. Defendants, vendor and the sole corporation which holds some of the real estate, moved, pursuant to CPLR 3211 (subd [a], par 7), for judgment dismissing the complaint for failure to state a cause of action. Special Term denied the motion, a divided Appellate...

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