Legal Opinion
Strain v. Strain
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1996PublishedCited by 5 opinions
1Opinion of the Court
This action was brought by the plaintiff for specific performance and a permanent injunction with respect to an alleged agreement to repurchase C.B. Strain & Son, Inc. The defendant denies that there was a definitive agreement and further alleges that even if such an agreement existed, it would be unenforceable because of the Statute of Frauds. The plaintiff contends that a series of signed and unsigned writings, as well as alleged past performance, are sufficient to overcome this defense.
The Statute of Frauds may be satisfied by separate connected writings, not all of which must be signed…
2Cases cited5 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Henry L. Fox Co. v. William Kaufman Organization, Ltd.New York Court of Appeals · 1989
- APS Food System, Inc. v. Ward Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by5 opinions
- Nesbitt v. PenalverAppellate Division of the Supreme Court of the State of New York · 2007
- Haughton v. Cognisight, LLCDistrict Court, W.D. New York · 2013
- RKO Properties, Ltd. v. BoymelgreenAppellate Division of the Supreme Court of the State of New York · 2007
- William J. Jenack Estate Appraisers & Auctioneers, Inc. v. RabizadehAppellate Division of the Supreme Court of the State of New York · 2012
- William J. Jenack Estate Appraisers & Auctioneers, Inc. v. RabizadehAppellate Division of the Supreme Court of the State of New York · 2012