Legal Opinion
Duke v. Wasserman
New York Supreme Court
Decided January 16, 1948PublishedCited by 4 opinions
1Opinion of the CourtHallinan, J.
In an action for the specific performance of a written agreement dated October 18, 1947, for the sale by the plaintiff to the defendant of certain real property described in the complaint, said defendant has interposed in his answer two defenses, the second of which is now challenged by the plaintiff for legal insufficiency.
*850The defense challenged does not allege any new matter, but states that the complaint fails to state a cause of action, in that it fails to allege a tender of performance in accordance with the terms of the contract, which should have included, among other things, a tender…
2Cases cited10 opinions
- Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
- Staten Island Edison Corp. v. MaltbieNew York Court of Appeals · 1947
- Cavanagh v. HutchesonNew York Supreme Court · 1931
- Staten Island Edison Corp. v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1945
- Falk v. MacMastersAppellate Division of the Supreme Court of the State of New York · 1921
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3Cited by4 opinions
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- Riland v. Frederick S. Todman & Co.Appellate Division of the Supreme Court of the State of New York · 1977
- McGowan v. McGowanNew York Supreme Court · 1950
- Prompt Electrical Supply Co. v. W. E. Tatem, Inc.New York Supreme Court · 1964