Kopp v. Barnes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtNolan, P. J.
Appellant brought this action for the return of a payment made on account of the purchase price of real property and for other relief. Her motion for summary judgment was denied at the Special Term on the ground that there were issues of fact which required a trial. We find no such issues.
The material facts are not in dispute. On April 16, 1958 the parties entered into a written contract providing for the purchase and sale of the property, and appellant made a payment of $3,300 on account of the purchase price. The contract provided that respondent should convey the fee simple of the property…
2Cases cited6 opinions
- Bull v. . BurtonNew York Court of Appeals · 1919
- Flanagan v. FoxNew York Court of Common Pleas · 1893
- Friedman v. HandelmanNew York Court of Appeals · 1949
- New York Investors, Inc. v. Manhattan Beach Bathing Parks Corp.New York Court of Appeals · 1931
- Flanagan v. . FoxNew York Court of Appeals · 1895
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3Cited by14 opinions
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- Shepard v. Spring Hollow at SagaponackAppellate Division of the Supreme Court of the State of New York · 1982
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