7 A.D.2d 1019 | N.Y. App. Div. | 1959
Appeal from a judgment entered after trial directing appellant Samuel Eidelberg to perform specifically a contract for the purchase and sale of real property and permanently enjoining appellant Anna Eidelberg from claiming any interest in the subject property, from proceeding in an action instituted by her against her husband, ' the appellant Samuel Eidelberg, to declare her interest in the property, or from instituting any other action for that relief. Judgment affirmed, with costs. No opinion. Wenzel, Beldock, Murphy and Ughetta, JJ., concur; Nolan, P. J., dissents and votes to modify the judgment by striking therefrom the references to appellant Anna Eidelberg and by substituting therefor a provision dismissing the complaint as to her, and as so modified, to affirm the judgment, with the following memorandum: This action for specific