H.W. Hotel v. First Natl. Bank of Woodridge, N.Y

Full title: H.W. HOTEL CO., INC., Appellant, v. FIRST NATIONAL BANK OF WOODRIDGE, NEW…

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

Date published: Nov 1, 1935

246 App. Div. 669 (N.Y. App. Div. 1935)

Opinion

November, 1935.

Appeal from an order dismissing, under rule 107 of the Rules of Civil Practice, plaintiff's complaint. The action is for specific performance to convey real property. Under a supplemental agreement the payment of $900 was a condition precedent to the right to demand performance. The payment was not made. The order was proper. Order and judgment unanimously affirmed, with costs.

Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ.