Legal Opinion
MacKenzie v. MacKenzie
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2004PublishedCited by 4 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered October 9, 2003 in Essex County, which, inter alia, partially granted defendants’ motion to dismiss the complaint.
In this action for specific performance, defendant Donald MacKenzie (hereinafter defendant) testified at trial that he had expressed his willingness to sell a cottage to his sons and set $80,000 as the purchase price. It was undisputed that plaintiff, one of defendant’s sons, thereafter tendered a down payment of $18,045.71, made certain repairs to facilitate rental of the cottage, rented it to third parties and…
2Cases cited5 opinions
- Anostario v. VicinanzoNew York Court of Appeals · 1983
- Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
- Steele v. Delverde S.R.L.Appellate Division of the Supreme Court of the State of New York · 1997
- Margo Properties, Inc. v. NelsonAppellate Division of the Supreme Court of the State of New York · 1984
- Ghura v. Islip Resource Recovery AgencyAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by4 opinions
- 410 BPR Corp. v. Chmelecki Asset Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Town of Oyster Bay v. DoremusAppellate Division of the Supreme Court of the State of New York · 2012
- MacKenzie v. MacKenzieNew York Supreme Court · 2007
- Tringle v. TringleAppellate Division of the Supreme Court of the State of New York · 2007