Contracts · MBE-tested

Tacs Realty Corporation, Appellant, v. Grandon Realty Corporation, Defendant, Impleaded with St. John Parkway Corporation and Others, Respondents

243 A.D. 581·New York Supreme Court, Appellate Division·1934·NY

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Opinion

Tacs Realty Corporation, Appellant, v. Grandon Realty Corporation, Defendant, Impleaded with St. John Parkway Corporation and Others, Respondents. [MAJORITY] Judgment dismissing complaint in an action for specific performance of a contract for the sale of real property or, in the alternative, for a return- of the down payment unanimously affirmed, with costs. (Haar v. Daly, 232 App. Div. 423; Eastman v. Horne, 205 N. Y. 486; Flanagan v. Fox, 6 Misc. 132; affd. on opinion below, 144 N. Y. 706.) Present — Lazansky, P. J., Young, Carswell, Scudder 'and Tompkins, JJ.