Strychalski v. Mekus
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed, without costs, and motion denied. Memorandum: Plaintiffs-respondents, John A. and Maryann Strychalski, were granted summary judgment in their action to compel specific performance of a contract to convey real property owned by appellant, Margaret A. Mekus. We believe a fact issue has been raised requiring a trial. It has been long recognized in New York that a parol discharge of a contract for the sale of land is valid (56 NY Jur, Statute of Frauds, §§ 156, 157) and that the parties to a written contract may mutually agree to cancel and rescind it (Rodgers v…
2Cases cited17 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- McCreery v. . DayNew York Court of Appeals · 1890
- Coe v. . HobbyNew York Court of Appeals · 1878
- Smith v. . KerrNew York Court of Appeals · 1888
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3Cited by28 opinions
- O'Connor-Miele v. Barhite & Holzinger, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Cauff, Lippman & Co. v. Apogee Finance Group, Inc.District Court, S.D. New York · 1992
- Richardson & Lucas, Inc. v. New York Athletic ClubAppellate Division of the Supreme Court of the State of New York · 2003
- Bershaw v. AltmanAppellate Division of the Supreme Court of the State of New York · 1984
- David v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
23 more not listed; retrieve them via the Exa API.