Legal Opinion
Woodworth v. Delgrand
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1991PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed with costs. Memorandum: The judgment of Supreme Court should be affirmed. Defendant argues that the contract of sale merged into the deed. That issue was not raised in the trial court and, therefore, is not preserved for our review. In any event, the doctrine of merger does not apply.
Defendant agreed to convey property sufficient to enable plaintiffs to park four cars. The parties agreed that an area of 20 by 40 feet was adequate and the contract of sale described the property by those dimensions. Defendant then instructed the surveyor to measure the lot from a…
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- Welch v. ShiffmanAppellate Division of the Supreme Court of the State of New York · 1984
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