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GRACIE SQUARE REALTY CORP. v. CHOICE REALTY CORP.

305 N.Y. 271 (1953)

Gracie Square Realty Corp. et al., Respondents, v. Choice Realty Corp., Defendant, and 154 East 97th Street Corp. et al., Appellants. 154 East 97th Street Corp., Plaintiff, v. Edwin Schelberg et al., Impleaded Defendants.

Court of Appeals of the State of New York.

Decided May 21, 1953

Attorney(s) appearing for the Case

S. E. Martinson and Edward Martinson for appellants.

William J. Block for respondents.

LEWIS, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ., concur; LOUGHRAN, Ch. J., deceased.

CONWAY, J.

Two causes of action are involved here. The first is for specific performance of an alleged realty contract for a perpetual easement and the second is for damages from the individual defendants for breach of warranty of authority in negotiating the alleged contract.

The second amended complaint alleges that in January, 1948, each of the plaintiff corporations owned a parcel of real estate

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