Witt v. Disque
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hopkins, J.
Special Term has granted summary judgment dismissing the complaint and declared an option held by the plaintiffs *420to purchase land owned by the defendant void as a restraint on the power of alienation.
We reverse. Summary judgment should not be granted in favor of either party, since there are questions of fact to be determined at trial relating to the circumstances under which the option agreement was executed.
I
In 1950, Percy N. Boddy, now deceased, operated a gasoline service station on certain premises in the Town of Greenburgh; a one-family house was also…
2Cases cited10 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Allen v. Biltmore Tissue Corp.New York Court of Appeals · 1957
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Matter of City of New York (Upper N.Y. Bay)New York Court of Appeals · 1927
- Kowalsky v. FamiliaNew York Supreme Court · 1972
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3Cited by12 opinions
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- Rowlee v. DietrichAppellate Division of the Supreme Court of the State of New York · 1982
- Anderson v. 50 East 72nd Street CondominiumAppellate Division of the Supreme Court of the State of New York · 1986
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