Longo v. Sparano

2 Citing cases

  1. Rockefeller Pur. Corp. v. Rockefeller Center

    270 N.Y. 447 (N.Y. 1936)   Cited 6 times

    The precedents are quite uniformly against such an ejectment in equity. (See Koenig v. Eagle Waist Co., 176 App. Div. 726; Mead v. Camfield, 11 N.J. Eq. 38; Weiss v. Levy, 166 Mass. 290; Lewis v. Cocks, 90 U.S. 466; Story on Equity Pleadings [Redfield's 8th ed.], § 476; 1 Pomeroy on Equity Jurisprudence [4th ed.], § 177. Cf. Longo v. Sparano, 119 Misc. Rep. 402.) That an actionable default of the defendant has been pleaded is more than doubtful.

  2. Queens Amuse. v. Queens Realty Corp.

    22 Misc. 2d 315 (N.Y. Sup. Ct. 1942)   Cited 3 times

    The Holden opinion ( Holden v. Efficient Craftsman Corp., 234 N.Y. 437) implied that if the owner had been joined a decree for performance would be grantable and given; the contract bore no resemblance to the one here, being a mere agreement to transfer title to land. The defendant here denied the claim in the complaint of no adequate legal remedy, and asked for no equitable relief; this should satisfy the cases cited in Longo v. Sparano ( 119 Misc. 402). The motion to dismiss is granted.