Appellate Division of the Supreme Court of New York, 1940

Josephs v. Ellman

Josephs v. Ellman
Appellate Division of the Supreme Court of New York · Decided March 4, 1940
259 A.D. 723; 18 N.Y.S.2d 1011; 1940 N.Y. App. Div. LEXIS 6412
Josephs v. Ellman

Opinion of the Court

Action for specific performance, to compel the defendant association to execute in its name as grantor a deed to plaintiff to a cemetery plot. The affirmative defense alleges that plaintiff is in default in payment of dues. Order denying plaintiff’s motion for judgment on the pleadings, under rule 112, Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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