Legal Opinion

Fogarty v. Jordan

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

Decided December 16, 2008Published

1Opinion of the Court

*724The plaintiffs made a prima facie showing of their entitlement to judgment as a matter of law on their cause of action to compel specific performance of the contract by submitting proof of the validity of the contract of sale and their performance thereunder (see Capece v Robbins, 46 AD3d 589 [2007]; Moutafis v Osborne, 7 AD3d 686, 687 [2004]; see generally Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). In opposition, the defendant failed, through the submission of her counsel’s affirmation and her conclusory pleadings, to meet her burden of raising a triable issue of fact as…

2Cases cited8 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Hearst v. HearstAppellate Division of the Supreme Court of the State of New York · 2008
  3. Cosh v. CoshAppellate Division of the Supreme Court of the State of New York · 2007
  4. Whitehead v. Town House Equities, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Moutafis v. OsborneAppellate Division of the Supreme Court of the State of New York · 2004

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