Contracts · MBE-tested
Joseph Avola, Respondent, v. Petit Building Company, Inc., Appellant
202 A.D. 788·New York Supreme Court, Appellate Division·1922·NY
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Opinion
Joseph Avola, Respondent, v. Petit Building Company, Inc., Appellant.
Vendor and purchaser—-action for specific performance of contract — parties—■ motion to bring in new party defendant granted.
Appeal from an order of the Supreme Court, entered in the Bronx county clerk’s office March 30, 1922, granting the plaintiff’s motion to bring in a new party defendant.
Order affirmed, with ten dollars costs and disbursements.
[MAJORITY]
No opinion. Present — Clarke, P. J., Laughlin, Dowling, Smith and Greenbaum, JJ.; Greenbaum, J., dissenting.
[DISSENT — Greenbaum, J. (dissenting):]
Greenbaum, J. (dissenting):
The action is for the specific performance of a contract to convey real estate. It does not appear that the person sought to be brought in as a defendant was a party to the contract or that she had title to the property involved. I am, therefore, of the opinion that the order should be reversed and the motion denied.