NOTO v. HEADLEY


28 Misc.2d 294 (1961)

Anthony Noto, Plaintiff, v. Frances P. Headley, Individually and as Heir at Law of Michael De Pino, Deceased, et al., Defendants.

Supreme Court, Special Term, Kings County.

April 24, 1961


Attorney(s) appearing for the Case

Harris Birnbaum for plaintiff. Raphael H. Weissman for defendants.


WALTER R. HART, J.

Motion by plaintiff for a jury trial on the causes of action in the complaint and counterclaim.

Plaintiff sues for specific performance of an alleged oral contract for the sale of real property. The answer includes a counterclaim which has been construed as stating a cause of action in ejectment (Noto v. Headley, N. Y. L. J., Aug. 5, 1960, p. 3, col. 7).

Specific performance is an equitable remedy (Rindge v...

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