GRAINGER v. SHEA ENTERS., INC.


282 A.D. 730 (1953)

Edmund C. Grainger, Respondent, v. Shea Enterprises, Inc., et al., Appellants

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

June 22, 1953.


Orders affirmed, with one bill of $10 costs and disbursements.

The Supreme Court has jurisdiction of the cause of action pleaded. The affidavits reveal questions of fact which require a trial. In view of the refusal of the Surrogate of Bronx County to consent to the transfer of the action to his court, it was not an abuse of discretion to deny a stay of the trial in the Supreme Court. It should be observed, however, that the option agreement relied upon by the plaintiff...

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