Smith v. Comas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for specific performance of a contract for the sale of real property, the defendant Arnaldo J. Comas, Jr., appeals from a judgment of the Supreme Court, Kings County (Huttner, J.), entered November 28, 1989, which, after a nonjury trial, is in favor of the plaintiff and against him.
Ordered that the judgment is affirmed, with costs.
The appellant’s principal contention is that because of his mental condition he lacked the capacity to enter into the contract for the sale of the real property at issue. The burden of proving mental incompetence is on the party asserting it (see,…
2Cases cited6 opinions
- Ortelere v. Teachers' Retirement BoardNew York Court of Appeals · 1969
- Feiden v. FeidenAppellate Division of the Supreme Court of the State of New York · 1989
- Aldrich v. . BaileyNew York Court of Appeals · 1892
- MATTER OF LICCIONE v. JohnNew York Court of Appeals · 1985
- In re the Estate of GebauerNew York Surrogate's Court · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Call v. Ellenville National BankAppellate Division of the Supreme Court of the State of New York · 2004
- Crawn v. SayahAppellate Division of the Supreme Court of the State of New York · 2006
- Doe v. PoeAppellate Division of the Supreme Court of the State of New York · 1993
- Lukaszuk v. LukaszukAppellate Division of the Supreme Court of the State of New York · 2003
- Whitehead v. Town House Equities, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
18 more not listed; retrieve them via the Exa API.