New York Supreme Court January 31, 1946 (Schwartz v. Raff)

Lockwood, J.

Defendants move to dismiss the complaint in an action for specific performance, or, if performance cannot be had, for damages.

Plaintiffs allege that defendants Meyer and Esther Raff were the owners of certain premises in the borough of Brooklyn and that defendants “ Doe ” “ had purchased said premises by a contract in writing from said Meyer and Esther Raff, but that title to said