Legal Opinion

Malin v. Ward

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

Decided July 2, 1964PublishedCited by 7 opinions

1Opinion of the CourtAulisi, J.

Appeal from a judgment and order of the Supreme Court, Ulster County, which directed specific performance of a contract for the sale of real property. We previously held (16 A D 2d 850) that the two written instruments, upon which the plaintiff relies for specific performance, read together sufficiently identified the land itself and that the quantum and price are definite enough to comply with section 259 of the Real Property Law which requires ‘‘ some note or memorandum [of the contract to be] subscribed by the party to be charged ” and that defendants’ motion for summary judgment was…

2Cases cited5 opinions

  1. Wilson v. . FordNew York Court of Appeals · 1913
  2. Coleman v. Manhattan Beach Improvement Co.New York Court of Appeals · 1883
  3. Cordua v. GuggenheimNew York Court of Appeals · 1937
  4. Mullen v. . WashburnNew York Court of Appeals · 1918
  5. Pettit v. . ShepardNew York Court of Appeals · 1865

3Cited by7 opinions

  1. Smith v. SlocumAppellate Division of the Supreme Court of the State of New York · 1979
  2. Boyajian v. CaseyAppellate Division of the Supreme Court of the State of New York · 1976
  3. Frank v. KatzAppellate Division of the Supreme Court of the State of New York · 1988
  4. Hess v. BaccaratAppellate Division of the Supreme Court of the State of New York · 1994
  5. Meyer v. StoutAppellate Division of the Supreme Court of the State of New York · 2010

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