History
  • No items yet
midpage
Kjellgren Realty Corp. v. Galop, Inc.
13 A.D.2d 789
| N.Y. App. Div. | 1961
|
Check Treatment

In an action by the vendee under a contract for the sale of real property, to recover the down payment on the ground that the vendor breached its obligation to apply “immediately.” for rezoning of the property, in which the vendor asserted a counterclaim for damages baséd on the vendee’s breach of the contract, the plaintiff vendee appeals from a judgment of the Supreme Court, Nassau County, rendered August 24, 1960, upon the decision of the court after a nonjury trial, dismissing the complaint and awarding *790damages to the defendant vendor on its counterclaim. Judgment affirmed, with costs. In our opinion, under the circumstances here, the failure of the vendor to file the application for change of zone immediately after execution of contract was a technical breach which did not warrant rescission. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

Case Details

Case Name: Kjellgren Realty Corp. v. Galop, Inc.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 8, 1961
Citation: 13 A.D.2d 789
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.