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CLARK CO. v. NEW YORK, NEW HAVEN & H. R. R. CO.

279 A.D. 39 (1951)

Geo. V. Clark Co., Inc., et al., Appellants, v. New York, New Haven and Hartford Railroad Company, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 30, 1951.

Attorney(s) appearing for the Case

Laurence Rosenthal of counsel (Riegelman, Strasser, Schwarz & Spiegelberg, attorneys), for appellants.

James D. O'Neill of counsel (Edward R. Brumley, attorney), for respondent.

PECK, P. J., GLENNON and DORE, JJ., concur with CALLAHAN, J.; VAN VOORHIS, J., dissents and votes to affirm, in opinion.

CALLAHAN, J.

This appeal presents the question of the sufficiency of a complaint in an action for specific performance of a contract for the sale of real estate.

From the complaint and annexed documents we obtain the following summary of the facts: The New York, New Haven and Hartford Railroad Company (hereinafter called Railroad) was the owner of about forty-one acres of land improved with numerous buildings...

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