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ROCKLAND FUEL OIL CO. INC. v. ORANGE & ROCKLAND UTILITIES (06/30/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


June 30, 1969

ROCKLAND FUEL OIL CO. INC., APPELLANT-RESPONDENT,
v.
ORANGE & ROCKLAND UTILITIES, INC., RESPONDENT-APPELLANT

In a consolidated summary proceeding to recover possession of real property and action for specific performance of a contract to sell the property, (1) plaintiff appeals from (a) an order of the Supreme Court, Rockland County, entered June 18, 1968, which granted defendant's motion to dismiss the amended complaint, and (b) a judgment of said court entered June 24, 1968 upon said order; and (2) defendant cross-appeals from said judgment insofar as it omitted to dispose of the summary proceeding and to cancel a lis pendens.

Hopkins, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

There are issues of fact herein which should be determined only after trial.

Disposition

Order and judgment reversed, on the law, with $10 costs and disbursements to plaintiff, and defendant's motion denied.

19690630

© 1998 VersusLaw Inc.



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