ELLENBERG v. SYDHARV REALTY CORP.


41 Misc.2d 1078 (1964)

Ethel Ellenberg, Plaintiff, v. Sydharv Realty Corp., Defendant and Third-Party Plaintiff. Dave Ellenberg et al., Individually and as Copartners Doing Business as Bensonhurst Realty Co., et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

February 17, 1964


Attorney(s) appearing for the Case

Mardon R. Israel for third-party defendants. Altman, Jacobs & Landay for third-party plaintiff.


WILLIAM T. COWIN, J.

Motion to dismiss third-party complaint on the ground that it fails to state a cause of action (CPLR 3211, subd. [a], par. 7).

The prime action seeks to set aside a deed given by plaintiff to defendant and to obtain related relief. The basis of the action is the alleged failure of consideration for plaintiff's signature on the deed. Her complaint alleges that a contract for the...

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