Appellate Division of the Supreme Court of the State of New York March 4, 1940 (Josephs v. Ellman)

Action for specific performance, to compel the defendant association to execute in its name as grantor a deed to plaintiff to a cemetery plot. The affirmative defense alleges that plaintiff is in default in payment of dues. Order denying plaintiff’s motion for judgment on the pleadings, under rule 112, Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion.