Legal Opinion
Dawson v. Margolies
New York Supreme Court
Decided November 6, 1925PublishedCited by 4 opinions
1Opinion of the CourtProskauer, J.
Plaintiff sues on two causes of action, each for-the specific enforcement of an alleged contract to make a lease of real estate for more than a year. The defendant moves to dismiss each cause of action on the ground that it affirmatively appears that the Statute of Frauds is a good defense. The complaint pleads two papers; one reads as follows:
“ Schedule A
" 6/4/25
“17 East 60th St.
"$8,000.00 Net 10 years
"$10,000.00 Net 5 years
"Beginning July 1st, 1926.
"Rent quarterly in advance.
"Tenant to pay all insurance, repairs, taxes and improvements.
"Deposit $8,000.00 to Guarantee Lease.
"Subject to…
2Cases cited7 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Wright v. . WeeksNew York Court of Appeals · 1862
- Drake v. . SeamanNew York Court of Appeals · 1884
- Tobias v. . LynchNew York Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. Compania Litografica De La HabanaNew York Supreme Court · 1926
- Tawil v. TraniAppellate Division of the Supreme Court of the State of New York · 1987
- I. B. Kleinert Rubber Co. v. WoodAppellate Division of the Supreme Court of the State of New York · 1927
- Lichtman v. MazzeoNew York Supreme Court · 1947