Legal Opinion

Nekarda v. Presberger

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

Decided January 10, 1908PublishedCited by 4 opinions

Appeal by the defendant, Mendel Presberger, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of May, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of May, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Scott, J.:

The defendant appeals from a judgment in favor' of the plaintiff. The defendant held a contract for the purchase from the Carmen estate of a tract of land near Valley Stream on Long Island. He desired to sell the land and authorized plaintiff to find a purchaser. Plaintiff did find and produce a man named Zamek who agreed to buy the property for the sum of $90,500, of which he was to pay $1,000 in cash on the execution of the contract; $14,385 in cash, which was to be deposited with a title company within four days after the signing of the contract, to be held by that company until…

2Cases cited3 opinions

  1. Tooker v. . ArnouxNew York Court of Appeals · 1879
  2. Auerbach v. CurieAppellate Division of the Supreme Court of the State of New York · 1907
  3. Goodell v. HurlbutAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. Wendt v. FischerNew York Court of Appeals · 1926
  2. Rosenberg v. LawrenceCalifornia Supreme Court · 1938
  3. Wendt v. FischerAppellate Division of the Supreme Court of the State of New York · 1926
  4. Gulick v. Investors' Estate Corp.Appellate Terms of the Supreme Court of New York · 1915

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