Legal Opinion

La Rosa v. Matthews

New York Supreme Court

Decided April 13, 1961PublishedCited by 2 opinions

1Opinion of the CourtFrank A. Gulotta, J.

This is a motion for summary judgment in an action for specific performance of a written contract for the purchase and sale of certain real property. While admitting the execution of the written agreement, the defendant in her answer alleges there was a supplemental oral agreement or modification, made some two months later, that the closing of title was to take place only when defendant was able to find comparable living quarters both in price and size to the house being-sold and that since she has not been able to do so she "may not be compelled to close title.

The terms of the written…

2Cases cited3 opinions

  1. Burns v. . McCormickNew York Court of Appeals · 1922
  2. Hill v. . BlakeNew York Court of Appeals · 1884
  3. Charles Albert Co. v. Newtown Creek Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1924

3Cited by2 opinions

  1. Brockport Developers, Inc. v. 47 Ely Corp.New York Supreme Court · 1975
  2. New York State Higher Education Services Corp. v. Naramore (In Re Naramore)District Court, N.D. New York · 1980

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