Freeman v. Gross

Submitted controversy determined in favor of plaintiff, without costs. First question submitted answered “ No ”. In view of the answer to the first question the second question not answered. (See Freer v. Glen Springs Sanitarium, Go., 131 App. Div. 352 ; Van Be Bogert v. B,eformed Butch Church, 219 App. Div. 220 ; Allen v. Trustees of Great Neck Free Church, 240 App. Div. 206 , 212, affd. 265 N. Y. 570 .) AH concur, except Larkin, J., not voting. (Submission of controversy in an action to compel specific performance of a contract for the purchase of real and personal property belonging to plaintiff in the city of Utica.) Present — ■ Cunningham, P. J., Taylor, Dowling, Harris and Larkin, JJ.