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Ragette v. Zimmer

90 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1904-11-11 English

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p. 1111
RAGETTE et al. v. ZIMMER et al.
(Supreme Court, Appellate Division, First Department.
November 11, 1904.)

Headnote

Action by Elizabeth Ragette arid others against Adam Zimmer and others. From a judgment for plaintiffs, defendants appeal. Modified. Alfred Steckler, for appellants. A. C. Hottenroth, for respondents.

There does not seem to have been any reason for the bringing of this action. All the relief to which the plaintiffs are entitled to could have been secured in the action for specific performance. Indeed, it is difficult to see how this action could have been maintained, had a proper objection been interposed in time. We think that the judgment below should be modified, by striking therefrom the costs and disbursements, and, as modified, affirmed, without costs.