Legal Opinion
Brockport Developers, Inc. v. 47 Ely Corp.
New York Supreme Court
Decided June 10, 1975PublishedCited by 9 opinions
1Opinion of the CourtLyman H. Smith, J.
Plaintiff Brockport Developers, Inc. moves this court for relief under the Statute of Frauds (General Obligations Law, § 5-703, subd 1).
The corporate plaintiff (Brockport) has heretofore brought suit to foreclose its mortgage on realty owned by the corporate defendant (47 Ely). The real property is located in the Town of Sweden, Monroe County, New York.
47 Ely has interposed an affirmative defense and counterclaim to the foreclosure action, both grounded in Brockport’s alleged breach of warranty.
*311Brockport’s motion seeks dismissal of defendant’s interposed affirmative defense and counterclaim…
2Cases cited10 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Staff v. Lido Dunes, Inc.New York Supreme Court · 1965
- Stitt v. WardAppellate Division of the Supreme Court of the State of New York · 1911
- Kaminsky v. AbramsNew York Supreme Court · 1965
- Donahue v. Manufacturers Trust Co.New York Supreme Court · 1957
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet IncorporatedCourt of Appeals for the Second Circuit · 1980
- ESI, Inc. v. Coastal Corp.District Court, S.D. New York · 1999
- Hammerquist v. WarburtonSouth Dakota Supreme Court · 1990
- Mauala v. Milford Management Corp.District Court, S.D. New York · 1983
- Harbor Financial Mortgage Corp. v. HurryAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.