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Commack Construction Co. v. Schumer

9 A.D.2d 693 Court N.Y. App. Div. Decision date 1959-10-26 English

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p. 693
Commack Construction Co., Inc., Respondent, v. N. Jay Schumer, Appellant.

In an action by the assignee of a vendee named in a contract for the purchase and sale of real property to recover the down payment and for other relief, the appeal is from a judgment entered on an order granting respondent’s motion for summary judgment striking out the answer. The action was brought on the ground that the appellant failed to comply with a condition in the contract. Judgment unanimously affirmed, with $10 costs and disbursements. No opinion. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ.