R. I. Realty Co. v. Terrell

Order granting plaintiff’s motion to strike out separate defenses affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Seeger and Carswell, JJ., concur; Lazansky, P. J., and Kapper, J., dissent and vote for reversal, the former upon the ground that the complaint does not state facts sufficient to constitute a cause of action; the latter, upon the ground that the issue of no option was determined against the plaintiff in the specific performance action.