GRUSS v. NETTEL


200 Misc. 174 (1951)

Markus Gruss, Plaintiff, v. Margarete Nettel, Defendant.

Supreme Court, Special Term, New York County.

March 26, 1951.


Attorney(s) appearing for the Case

Hans Harnek for defendant.

Otto Muller and Paul Simon for plaintiff.


HAMMER, J.

Defendant moves to dismiss the complaint pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice. The application for dismissal pursuant to rule 106 has been withdrawn.

The complaint alleges that plaintiff was a resident of Austria when he contracted to purchase a parcel of real property from defendant's parents, then also residents of Austria. It is claimed that by March 30, 1938, the full purchase price was paid but conveyance...

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