[Download] "Locator-Map v. Wayne N. Adams Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free

eBook details
- Title: Locator-Map v. Wayne N. Adams Et Al.
- Author : Court of Appeals of New York
- Release Date : January 04, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[42 N.Y.2d 1022 Page 1022] Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 16, 1976, which modified, on the law and the facts, and, as modified, affirmed a judgment of the Supreme Court in favor of defendants, entered in Tioga County upon a decision of the court at a Trial Term (Walter L. Terry, J.), dismissing the complaint and canceling a lis pendens. The modification consisted of reversing so much of said judgment as dismissed plaintiff's first cause of action and granting judgment to plaintiffs on their first cause of action. On September 20, 1974 plaintiff Franklin Resseguie deeded certain properties to Chuck Realty Corp. and entered into an agreement whereby plaintiffs had an option to repurchase the properties before March 20, 1975. On March 19, 1975 plaintiffs entered into an agreement with defendants under which defendants advanced $75,000 to plaintiffs. The agreement provided that plaintiffs would pay the money to Chuck Realty in exercise of plaintiffs' option and then direct Chuck Realty to convey the properties to defendants. Plaintiffs were given an option to repurchase the properties within 60 days for $75,000 plus interest and expenses incurred by defendants in conveying the property back to plaintiffs. Thereafter a deed was executed by Chuck Realty to defendant Wayne Adams. Plaintiffs were unable to exercise the 60-day option and on May 19, 1975 a new agreement was entered into providing that plaintiffs could repurchase the properties for $100,000 by June 27, 1975. Within the [42 N.Y.2d 1022 Page 1023]