Scutti Enterprises, Inc. v. Wackerman Guchone Custom Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
This is an action to compel specific performance of an option to purchase land. The option was reserved in a deed conveying the optioned premises and additional property from plaintiff to defendant. Plaintiff appeals from an order which denied plaintiff’s motion for summary judgment and granted defen*85dant’s cross motion for summary judgment dismissing the complaint. Although there is no written decision, apparently the court granted summary judgment to defendant on the ground that the option violates the Statute of Frauds (General Obligations Law § 5-703) because…
2Cases cited6 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
- American Bartenders School, Inc. v. 105 Madison Co.New York Court of Appeals · 1983
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
- Buffalo Seminary v. McCarthyNew York Court of Appeals · 1983
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3Cited by11 opinions
- Pinkava v. YurkiwAppellate Division of the Supreme Court of the State of New York · 2009
- Ber v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
- Nicolaides v. NicolaidesAppellate Division of the Supreme Court of the State of New York · 1991
- Walters v. SporerNebraska Supreme Court · 2017
- Adelman v. RackisAppellate Division of the Supreme Court of the State of New York · 1995
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