McNAMARA v. HEINLEIN


163 A.D.2d 675 (1990)

John McNamara, Respondent, v. Vincent Heinlein, as Executor of Carl E. Bartels, Deceased, Appellant

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

July 5, 1990


Weiss, J.

This is an action for specific performance of a contract dated November 29, 1987 which provides for the purchase of defendant's land by plaintiff. Defendant moved to dismiss the complaint, contending that plaintiff had assigned his interest in the contract to Houshang and Soraya Namvar and that he therefore had no further interest in the contract. The Namvars commenced a separate action against defendant and plaintiff seeking specific performance...

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