Legal Opinion

Bulkley v. Shaw

New York Court of Appeals

Decided October 15, 1942PublishedCited by 34 opinions

1Opinion of the CourtConway, J.

This is an appeal from an order of the Appellate Division, First Department, which reversed an order of Special Term granting defendants’ motion to dismiss the complaint, made under rule 107 of the Rules of Civil Practice, on the ground that the alleged agreement on which the action is founded is void under the provisions of the Statute of Frauds (Pers. Prop. Law, § 31, subd. 2; Cons. Laws, ch. 41), and directed that the motion be denied.

The Appellate Division has certified the following questions of law to be reviewed by this court:

“ 1. Is the agreement alleged in the complaint and upon…

2Cases cited6 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Mallory v. . GillettNew York Court of Appeals · 1860
  3. Richardson Press v. . AlbrightNew York Court of Appeals · 1918
  4. Witschard v. A. Brody & Sons, Inc.New York Court of Appeals · 1931
  5. Hurst Hardware Co. v. GoodmanWest Virginia Supreme Court · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Olympic Junior, Inc., in No. 71-1440 v. David Crystal, Inc. Appeal of Edward Defabio, in No. 71-1441. Appeal of Paul D'alessandro, in No. 71-1442Court of Appeals for the Third Circuit · 1972
  2. Martin Roofing, Inc. v. GoldsteinNew York Court of Appeals · 1983
  3. Chromalloy American Corp. v. Universal Housing Systems of America, Inc.District Court, S.D. New York · 1980
  4. Nasso v. Bio Reference Laboratories, Inc.District Court, E.D. New York · 2012
  5. Philo Smith & Co., Inc. v. Uslife Corp.District Court, S.D. New York · 1976

29 more not listed; retrieve them via the Exa API.

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