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.
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.