Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

DUNBAR S. MCLAURIN v. HAGER REALTY CORP. ET AL. (10/23/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


October 23, 1969

DUNBAR S. MCLAURIN, APPELLANT,
v.
HAGER REALTY CORP. ET AL., RESPONDENTS

Concur -- Stevens, P. J., Tilzer, Markewich, Nunez and McNally, JJ.

We have held in a companion case involving the same parties that dismissal of the action by this plaintiff and others for specific performance was not res judicata "as to the right, if any, of the plaintiffs to recover back the down payment" (Freedom Enterprises v. Hager Realty Corp., 32 A.D.2d 899). Accordingly, the dismissal at Special Term on that ground cannot stand.

Disposition

Order entered September 14, 1967, and judgment entered thereon October 11, 1967, as appealed from, unanimously modified, on the law, to the extent of vacating the dismissal of the first cause of action of the complaint herein with respect to defendants Hager Realty Corp. and 200 East 34th Street Management Corp., and reinstating the same. As so modified the order and judgment are otherwise affirmed, without costs or disbursements to either party.

19691023

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.