KLEIN v. CAPRI EQUITIES, INC.


13 A.D.2d 751 (1961)

Harry Klein, Appellant, v. Capri Equities, Inc., Respondent

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

May 23, 1961


Judgment affirmed, with costs to respondent.

Eager, J. dissenting in part.

I dissent insofar as the court would affirm the judgment dismissing the complaint in Action C, which action is brought for specific performance of a contract of sale of the premises at 240 East 83rd Street, New York City. In my opinion, the plaintiff made out a prima facie case in this action, and he should not have been nonsuited. I concur, however, in the affirmance of...

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