LONG v. SERGIO


30 Misc.2d 1072 (1961)

W. Walter Long et al., Plaintiffs, v. Rosalbino Sergio et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 19, 1961


Attorney(s) appearing for the Case

Leon Appel for defendants. Kelly, Warburton, Hyman, Deeley & Connolly (Allan Hyman of counsel), for plaintiffs.


WILLIAM R. BRENNAN, JR., J.

Motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action is granted.

This action seeks specific performance of an option to sell real property. The option is contained in a lease executed by defendants in May, 1957. A copy of the option is annexed to the complaint. Insofar as pertinent, it provides that during the four-year term of the lease, the lessees (plaintiffs) would...

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