[DOWNLOAD] "Sidney Weisner v. 791 Park Avenue Corporation Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Sidney Weisner v. 791 Park Avenue Corporation Et Al.
- Author : Court of Appeals of New York
- Release Date : January 08, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[6 N.Y.2d 426 Page 430] Plaintiff instituted this action for specific performance of a written contract negotiated by a real estate broker and entered
into between plaintiff and defendant Gilbert, providing for the sale of 330 shares of stock of the defendant 791 Park Avenue
Corporation, and for the assignment to plaintiff of a proprietary lease of an apartment at 791 Park Avenue, New York City.
By an order to show cause served with the complaint, plaintiff moved for an injunction pendente lite restraining the assignment
of the lease and the sale of the corporate stock to others. The answer of defendant Gilbert alleges the defense of impossibility
of performance of the contract of sale and sets forth as a second separate and partial defense facts alleging prospective
damages including maintenance charges on the apartment, interest, counsel fees and other expenditures which defendant Gilbert
will sustain if an injunction pendente lite is granted. Special Term denied the injunction, but on appeal the Appellate Division
granted it. The order of reversal of the Appellate Division directs that undertakings theretofore given by the plaintiff shall
continue as security for any damage, including interest, which defendant Gilbert might sustain by reason of the injunction
granted by that court.