Legal Opinion

Aceste v. Wiebusch

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1980PublishedCited by 14 opinions

1Opinion of the Court

In an action for specific performance of an agreement to purchase real property, plaintiffs appeal from an order of the Supreme Court, Queens County, dated September 6, 1979, which, inter alia, denied their motion for a temporary restraining order and preliminary injunction and granted defendants’ cross motion for summary judgment dismissing the complaint. Order affirmed, with $50 costs and disbursements. In order to satisfy the Statute of Frauds (General Obligations Law, § 5-703, subd 2), a memorandum must state the entire contract with reasonable certainty, so that the substance thereof…

2Cases cited2 opinions

  1. Birnhak v. VaccaroAppellate Division of the Supreme Court of the State of New York · 1975
  2. Israelson v. BradleyAppellate Division of the Supreme Court of the State of New York · 1955

3Cited by14 opinions

  1. James H. Moore & Associates Realty, Inc. v. Arrowhead at Vail, Inc.Colorado Court of Appeals · 1994
  2. O'Brien v. WestAppellate Division of the Supreme Court of the State of New York · 1993
  3. Sheehan v. CulottaAppellate Division of the Supreme Court of the State of New York · 1984
  4. Abernathy-Thomas Engineering Co. v. Pall Corp.District Court, E.D. New York · 2000
  5. Tamir v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1986

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