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Bosch v. Armstrong

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 23, 1969
33 A.D.2d 636 (N.Y. App. Div. 1969)

Opinion

October 23, 1969

Appeal from the Niagara Trial Term.

Present — Goldman, P.J., Witmer, Gabrielli, Moule and Henry, JJ.


Judgment unanimously modified in accordance with the Memorandum herein, and as so modified affirmed, with costs to defendant. Memorandum: The conclusion of law made by the Trial Justice, providing that plaintiff have 20 days after service of the judgment with notice of entry in which to serve appropriate amended pleadings, was not incorporated into the judgment entered thereon. We correct this oversight by amending the judgment accordingly. Since much evidence was received upon the trial relating to the services rendered by plaintiff for the benefit of defendant's property, which will bear upon the issue of the amount of any equitable lien to which plaintiff may be entitled upon such property, it seems advisable that this issue and any others presented in the amended complaint and answer thereto be tried before the Justice who tried the specific performance issue.


Summaries of

Bosch v. Armstrong

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 23, 1969
33 A.D.2d 636 (N.Y. App. Div. 1969)
Case details for

Bosch v. Armstrong

Case Details

Full title:ALLAN V. VAN DEN BOSCH, on Behalf of BUNJO MOTEL, INC., Appellant, v. RUTH…

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

Date published: Oct 23, 1969

Citations

33 A.D.2d 636 (N.Y. App. Div. 1969)