Legal Opinion
Adsit v. First Trust & Deposit Co.
New York Supreme Court
Decided July 11, 1957PublishedCited by 3 opinions
1Opinion of the CourtHenry A. Hudson, J.
This is a motion under rule 112 of the Rules of Civil Practice for judgment on the pleadings. Rule 112 must he read in conjunction with sections 243 and 476 of the Civil Practice Act. A dismissal of the complaint is sought on the ground that it fails to state facts sufficient to constitute a cause of action and that the contract upon which the action is founded is not enforcible under the Statute of Frauds.
The cause of action set forth in the complaint is one for breach of an oral agreement to devise real property and for specific performance thereof. Full performance on the part of plaintiff…
2Cases cited20 opinions
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Gracie Square Realty Corp. v. Choice Realty Corp.New York Court of Appeals · 1953
- Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
- Green v. DonigerNew York Court of Appeals · 1949
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3Cited by3 opinions
- Merrick v. New York Subways Advertising Co.New York Supreme Court · 1958
- Ostrander v. CoppinsNew York Supreme Court · 1958
- Herrmann v. SeiderNew York Supreme Court · 1958