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Hall v. Craig

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1978
60 A.D.2d 833 (N.Y. App. Div. 1978)

Opinion

January 3, 1978


In an action for specific performance to compel defendant to take delivery of certain shares of stock, and to direct the payment therefor, plaintiffs appeal from an order of the Supreme Court, Kings County, entered January 19, 1977, which (1) granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 1) and (2) denied their cross motion for summary judgment. Order modified by deleting so much thereof as granted defendant's motion to dismiss the complaint, and substituting therefor a provision denying the said motion. As so modified, order affirmed, with $50 costs and disbursements to appellants. Dismissal of the complaint was improperly granted. In our opinion, triable issues of fact have been presented. Gulotta, P.J., Hopkins, Latham and Cohalan, JJ., concur.


Summaries of

Hall v. Craig

Appellate Division of the Supreme Court of New York, Second Department
Jan 3, 1978
60 A.D.2d 833 (N.Y. App. Div. 1978)
Case details for

Hall v. Craig

Case Details

Full title:SAMUEL HALL, JR., et al., Appellants, v. JOHN A. CRAIG, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 3, 1978

Citations

60 A.D.2d 833 (N.Y. App. Div. 1978)