...220.60). In support thereof, defendant contended that he could not be guilty of larceny because he was a vendee in possession of the property in question pursuant to a conditional contract of sale.... Tills, A.J.), rendered December 21, 2005. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree...hereby ordered that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of grand larceny in...

...provision declaring that the defendant is a vendee in possession of the property set forth under the option to purchase in the lease dated April 7, 1983; as so modified, the judgment is affirmed, with costs...is well settled that the legal owner of real property is not entitled to an award for use and occupancy from a contract vendee in possession unless there also exists a landlord-tenant relationship...property under the lease and became a vendee in possession, the landlord-tenant relationship terminated and, thus, the plaintiff was not entitled to back rent ( see, Barbarita v. Shilling, supra...

...for rents and profits was properly dismissed, since "[i]t is well settled that the legal owner of real property is not entitled to an award for use and occupancy from a contract vendee in possession unless...Term. We would add, however, two points. Firstly, under the facts and circumstances of this case, the plaintiffs did not act in such manner, nor were the defendants prejudiced, so...

...November 30, 1985. As of that date, LI Headstart was the vendee in possession, and for all practical purposes was the owner of the property with all of the rights of an owner subject only to the terms...as Long Island Day Care Services, Inc. (hereinafter LI Headstart), title and ownership of all property and equipment located, among other places, at 116 Walnut Street in Patchogue, New York, as of...liability of EOC for the existence of a dangerous condition on the real property ceased upon transfer of possession and control almost two and one-half years prior to the accident...

...simply a conditional vendee in possession, the Pecos Valley Lumber Company, when it furnished material, did not deal with the "owner," and was therefore not an original contractor. The argument is not...may have reference to one whose interest is less than a fee-simple estate, such as a lessee or a conditional vendee in possession. It means the party in interest who is the source of authority for...attached a lot upon which Riddle had previously erected a filling station while he was in possession under an executory contract of purchase. John A. Freidenbloom intervened, claiming to be the owner of the...

.... 1. VENDOR AND PURCHASER — Remedies of Vendor — Ejectment. A vendor cannot maintain ejectment against a vendee in possession under an executory contract of purchase and not in...default. 2. VENDOR AND PURCHASER — Remedies of Vendor — Burden of Proof. In ejectment by a vendor against a vendee in possession under an executory contract of purchase for an...his vendee in possession of land under an executory contract of purchase where the vendee has complied with the terms of said contract. The trial court held, in effect, that ejectment will lie; but...

...whether plaintiff, as a conditional vendee in possession, was entitled to maintain the action. The plaintiff had possession under a conditional sale agreement providing that title was.... Harrington v. King, 121 Mass. 269. The identical question of the right of a conditional vendee in possession to maintain an...the loss of or any injury to the bailed article." 5 Cyc. 210. In Massachusetts a conditional vendee is called a bailee for a specific purpose, and only a bailee ( Coggill v...

...supreme court. "A vendee in possession is not a tenant in any sense of the word, and only a tenant may be sued under the first subdivision of section 1161 [of the Code of Civil Procedure, relating to...contract of sale by the vendee in possession does not make him a tenant. . . . Even a vendee who has defaulted in his promised payments is entitled to an opportunity of showing his equities and presenting...stated. We cannot regard the attempt as successful. The supreme court having said that the existence of a certain state of facts does not make a vendee in possession a tenant, we cannot sanction the view...

...remains in the vendor, the vendee in possession acquires an equitable title and the vendor holds the legal title in trust as it were for the vendee. There is an equitable conversion so that while the heirs...heirs; the title of the vendee in possession is such that in the event of his death intestate, his interest in the realty descends to his heirs; so that, following the doctrine that equity deems that...as done which ought to be done, the vendee in possession for all practical purposes becomes the owner of the property with all the rights of an owner in the operation of it, subject only of course to...

...owner(s) of record of the premises of fee or lesser estate therein, a mortgagee, vendee in possession, land contract purchaser, assignee of rents...mortgagees in possession rather than to mortgagees not in possession, as the ordinance clearly specifies. The ordinance could have very easily defined "owner" to include a "mortgagee in possession." In fact, as originally enacted on March 9, 1966, the predecessor ordinance R.C.G.O. 152.01 defined "owner" as an "owner of record of the premises in fee or lesser estate therein, a mortgagee or vendee in...." (Emphasis added.) When the ordinance was amended in 1980, however, "a mortgagee or vendee in possession, * * *" was changed to read "a mortgagee, vendee in possession, * * *." We do not view the...

...sale was entered into on June 22, 1946, which provided that possession was given to the purchaser as a "tenant at sufferance", and that the purchaser "shall not * * * be deemed a vendee in possession." The...relationship between the parties is that of landlord and tenant does not make it so. The purchaser has equitable title to the property whether or not he is "deemed a vendee in possession." There are...Co. v. Gambier, 176 App. Div. 870) and in such case the vendor can then maintain summary proceedings for the recovery of possession upon the refusal or failure of the purchaser to...

.... FORCIBLE ENTRY AND DETAINER. TENANCY AT WILL. The rights of a vendee, in possession of real estate under an agreement for its conveyance, not of higher dignity than a personal.... Walker, 70 Me. 232. The rights of a vendee, in possession under such an agreement, are similar to those of a tenant at will. Lapham v. Norton..., not to those persons, but to the defendant, who entered into possession of the property. While defendant was in possession, his vendor leased the realty to the plaintiffs...

...of whether a contractor engaged by a developer may bring a proceeding against the developer, who is a vendee in possession of property owned by a public agency, to inspect the books and records of the...into an installment sales agreement with Walton whereby Walton, as vendee in possession, was obligated to make periodic payments to SIDA equal to the principal and interest due on the bonds. Upon... not apply in the present case. First, it argues that as a vendee in possession it must be considered an owner as defined in Lien Law § 2 (3...

...unencumbered fee-simple title. 3. VENDORS AND PURCHASERS, § 55fn_ — vendee in possession under...contract for sale, facts as showing. Vendee, which took and continued in possession of premises following execution of enforceable contract for sale thereof, and after vendor delivered to vendee abstract...of title as well as key to building on premises with knowledge that vendee intended to clean premises and to open for business as soon as possible, was a vendee in possession under such contract...

...defendant vendee in possession and for damages arising from the alleged breach of a contract of sale, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Orgera, J.), dated July...cause of action. As so modified, order affirmed, without costs or disbursements. The defendant is the vendee in possession of certain real..., Second Department. April 5, 1982 In an action in the nature of ejectment to recover possession of real property from the...

.... — Vendee in possession under contract of purchase cannot make repairs or improvements and create a lien that will affect vendor's title. — A vendee in possession of real estate under an executory...insurance money loaned to vendee for purpose of building house. — Furnishing material to a purchaser of real estate, in possession under an executory contract, for the reconstruction of a house...a vendee in possession of real estate under an executory contract of purchase cannot make contracts for improvement or for 1. repairs which create a mechanic's or materialman's lien on the real estate...

...and the extensive litigation resulting from it have delayed consummation of the transaction up to the present. The Norbet Corporation, successor in interest to Fischer, remains the vendee in possession under...were cancelled by the county board of taxation as there was no statutory provision under which to levy an assessment against a vendee in possession. In 1946 the Legislature...judgment is urged on three grounds: first, that a vendee in possession under an executory contract to purchase is not subject to assessment; second, that he has no taxable interest, legal or equitable...

...sale. No note or memorandum whatever is required of the contract of sale if a part of the purchase price is paid and the vendee put in possession. The great trouble with this check answering as a...consideration, and that a part of the purchase money was paid, and the purchaser or vendee was put in possession of the lands sold. This contract is by no means void for uncertainty...have been made certain because it alleges that the defendants placed the complainant in possession. It is not at all necessary that the payment of the part of the purchase price, and the placing of the vendee in...

...condition precedent to a suit in equity against the vendee in possession, as distinguished from an action for specific performance of the contract of purchase, or for its rescission...provisions of said sales contract and promissory notes. It also alleges that vendees had been let into possession of the lands under the sales contract and were still in possession of the lands under such contract without having made the payments covenanted to be made by them. In a case of foreclosure of a vendor's lien as against his vendee in...or rescission. The reason for this difference is that where vendee is in possession of the land under a sales contract, and suit is brought to enforce payment of the balance unpaid...

...-Working Co., 212 App. Div. 179 [vendee in possession]; Titcomb v. Fonda, Johnstown Gloversville R.R. Co., 38 Misc. 630 [vendee in possession]; contra...to join a contract vendee as a party defendant. Resolution of these questions sheds some light on the rights of those affected by mortgage foreclosure. In February, 1976, Polish...estate or interest in possession, or otherwise, in the property as tenant in fee, for life, by the curtesy, or for years, and every person entitled to the reversion, remainder, or inheritance of the real...