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Gelbro Realty, Inc. v. McCabe

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1974
45 A.D.2d 897 (N.Y. App. Div. 1974)

Opinion

July 3, 1974


Appeal from an order of the Supreme Court at Special Term, entered August 3, 1973, which denied a motion to dismiss the complaint and cancel the notice of pendency filed by plaintiff. In Matter of Sawyer ( 45 A.D.2d 823) an order of the Surrogate's Court of Columbia County denying the application of appellant therein for reargument was affirmed. Implicit in that determination was a finding that the condition precedent to a binding contract was never fulfilled. All the causes of action set forth in the complaint are premised on the existence of a valid contract which we find did not exist. Order reversed, on the law and the facts, without costs, complaint dismissed and notice of pendency canceled. Herlihy, P.J., Greenblott, Cooke, Kane and Reynolds, JJ., concur.


Summaries of

Gelbro Realty, Inc. v. McCabe

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1974
45 A.D.2d 897 (N.Y. App. Div. 1974)
Case details for

Gelbro Realty, Inc. v. McCabe

Case Details

Full title:GELBRO REALTY, INC., Respondent, v. LUCILLE McCABE, as Executrix of J…

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

Date published: Jul 3, 1974

Citations

45 A.D.2d 897 (N.Y. App. Div. 1974)