Legal Opinion

Strychalski v. Mekus

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

Decided November 5, 1976PublishedCited by 28 opinions

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

  1. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  2. Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
  3. McCreery v. . DayNew York Court of Appeals · 1890
  4. Coe v. . HobbyNew York Court of Appeals · 1878
  5. Smith v. . KerrNew York Court of Appeals · 1888

12 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. O'Connor-Miele v. Barhite & Holzinger, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Cauff, Lippman & Co. v. Apogee Finance Group, Inc.District Court, S.D. New York · 1992
  3. Richardson & Lucas, Inc. v. New York Athletic ClubAppellate Division of the Supreme Court of the State of New York · 2003
  4. Bershaw v. AltmanAppellate Division of the Supreme Court of the State of New York · 1984
  5. 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.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API