WEIS v. M. SHAPIRO & SON CONSTR. CO., INC.


276 A.D. 886 (1949)

Valentine Weis, Appellant, v. M. Shapiro & Son Construction Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.


The complaint pleads a cause of action for trespass. It also seems to plead a purported cause of action for failure to exercise an option to purchase land alleging that the purpose of the failure to exercise the option was to facilitate the trespass elsewhere pleaded, and that, therefore, the failure to exercise the option was not in good faith. A further "cause" is pleaded that as the result of attempting to move one of defendant's machines from his property left there as...

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