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Momberger v. Maleca Co. Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1948
274 App. Div. 932 (N.Y. App. Div. 1948)

Opinion

November 8, 1948.

Present — Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ.


Plaintiff and defendants entered into a contract for the purchase and sale of a parcel of real property owned by defendant Maleca Co. Inc., and the restaurant, bar and grill conducted on the premises and owned by defendant Bayside Station Cafe, Inc. The contract contained a provision that the sale is subject to the approval of the State Liquor Authority and title shall not pass until the sale is approved and a license issued to the purchaser or his assigns. Plaintiff, unable to get a license because of his noncitizenship, sues to recover his down payment. Judgment for plaintiff unanimously affirmed, with costs. No opinion. Appeal from decision dismissed, without costs.


Summaries of

Momberger v. Maleca Co. Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1948
274 App. Div. 932 (N.Y. App. Div. 1948)
Case details for

Momberger v. Maleca Co. Inc.

Case Details

Full title:GEORGE MOMBERGER, Respondent, v. MALECA CO. INC., et al., Appellants

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

Date published: Nov 8, 1948

Citations

274 App. Div. 932 (N.Y. App. Div. 1948)