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Submission dismissed on the ground that the agreed statement of facts shows that the plaintiffs have.no cause of action against the defendant for specific performance, the purchase of the real estate having been made at a judicial sale in foreclosure, the remedy for a failure to complete being by motion in the foreclosure action. Hirschberg, P. J., Woodward, Jenks, Hooker and Miller, JJ., concurred.
Document Info
Citation Numbers: 113 A.D. 896, 99 N.Y.S. 1134
Filed Date: 5/15/1906
Precedential Status: Precedential
Modified Date: 1/13/2023