Monaco v. Levy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action by a purchaser for the specific performance of a contract, in the form of a written memorandum, for the sale of real estate, the defendant seller appeals from an order of the Supreme Court, Kings County, dated February 26, 1960, denying Ms motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment dismissing the complaint by reason of the patent insufficiency of the memorandum under the Statute of Frauds. In his brief on this appeal the seller renews the tender made in his answer to return to the purchaser the $400 which he paid as a deposit on the signing…
2Cases cited14 opinions
- N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
- Keystone Hardware Corp. v. TagueNew York Court of Appeals · 1927
- 1130 President St. Corp. v. Bolton Realty Corp.New York Court of Appeals · 1949
- Spielvogel v. VeitAppellate Division of the Supreme Court of the State of New York · 1921
- Mandel v. Guardian Holding Co.Appellate Division of the Supreme Court of the State of New York · 1922
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3Cited by7 opinions
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- Lashway v. SorellAppellate Division of the Supreme Court of the State of New York · 1976
- Red Hook Marble, Inc. v. Herskowitz & RosenbergAppellate Division of the Supreme Court of the State of New York · 2005
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