New York Court of Appeals, 1943

Rochester v. Bergen

New York Court of Appeals · Decided October 14, 1943 · <italic>Per Curiam.</italic>

51 N.E.2d 933; 291 N.Y. 656; 1943 N.Y. LEXIS 1754 (North Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Pereira v. Cogan (District Court, S.D. New York 2001)
In re the Estate of Hirshon (N.Y. 1963)
Lockley v. Robie (Appellate Division of the Supreme Court of New York 1950)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Paragraph 3 of the agreement is invalid. Paragraph 2 is inseparable from paragraph 3 and falls with it. There has been no refusal or failure to perform any other provision of the agreement. The judgment appealed from denying specific performance and dismissing the complaint is therefore affirmed, with costs.

The judgment should be affirmed, with costs.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.