Legal Opinion
Rizzi v. Sussman
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1959PublishedCited by 13 opinions
1Opinion of the Court
In an action by a vendor for specific performance of a contract for the sale of a parcel of real property, the appeal is from an order granting a motion for summary judgment striking out the answer (Rules Civ. Prac., rule 113). Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, the affidavit of appellant in opposition to the motion indicates the existence of a triable issue of fact as to whether he was induced to enter into the contract by a false representation that the condition of the premises in question was “ excellent in every respect ”. Fraud, if found…
2Cases cited4 opinions
- Massler v. SmitAppellate Division of the Supreme Court of the State of New York · 1952
- Hellinger v. AbelesAppellate Division of the Supreme Court of the State of New York · 1954
- Anides v. Kahar Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1954
- Laczko v. Bear Ridge Lake Corp.Appellate Division of the Supreme Court of the State of New York · 1952
3Cited by13 opinions
- Johnson v. GaughanAppellate Division of the Supreme Court of the State of New York · 1987
- GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
- Sterling National Bank & Trust Co. v. GiannettiAppellate Division of the Supreme Court of the State of New York · 1976
- Adirondack Park Agency v. Ton-Da-Lay AssociatesAppellate Division of the Supreme Court of the State of New York · 1978
- Forest Bay Homes, Inc. v. KosinskiAppellate Division of the Supreme Court of the State of New York · 1975
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