TUCCI v. ROMA HOMES


22 Misc.2d 202 (1960)

Frank P. Tucci, Plaintiff, v. Roma Homes, Inc., Defendant.

Supreme Court, Special Term, Nassau County.

April 19, 1960.


Attorney(s) appearing for the Case

Burke, Green & Groh for defendant.

Max X. Lynch for plaintiff.


MARIO PITTONI, J.

The defendant moves for an order dismissing the complaint on the ground that it fails to state facts constituting a cause of action.

This action arises out of a contract for the purchase and sale of land. The plaintiff purchaser made a down payment of $4,970 at the signing of the contract. His complaint, however, merely demands specific performance.

The contract states that "the seller represents that the Town of Hempstead...

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