Osta v. Jarrett

Staley, ' Jr., J.

Appeal from a judgment of Special Term, Albany County, granting summary judgment in favor of the defendants dismissing plaintiff’s complaint. The plaintiff seeks specific performance of a certain alleged agreement for the purchase and sale of real property located in the Town of Guilderland, Albany County, New York. The complaint alleges that on September 24, 1965, the defendant, Jarrett, signed a binder agreement for the sale of said real property and received from the plaintiff a check in the sum of $500 payable to both defendants, which they both indorsed and cashed. The…