Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentDec 13, 1948
274 App. Div. 1004 (N.Y. App. Div. 1948)

December 13, 1948.

Present — Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ.

In an action for specific performance of a contract of sale embodied in a lease, order and judgment (one paper) granting respondent's motion for summary judgment under rule 113 of the Rules of Civil Practice and directing specific performance by appellant; providing for surrender of possession of an apartment occupied by appellant in the building and, in event possession thereof be withheld in violation of the decree, requiring the sheriff to put respondent into possession thereof under section 985 of the Civil Practice Act, unanimously affirmed, with $10 costs and disbursements. No opinion.