Hallaway Properties, Inc. v. Bank of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously modified on the law and as modified affirmed, without costs, in accordance with the following memorandum: We conclude that defendant is entitled to summary judgment dismissing each of the four causes of action asserted in plaintiffs’ amended complaint.
*898The first cause of action asserts that defendant breached a purported oral agreement to release 10 acres of land from the lien of its mortgage at some time in the future. Assuming, arguendo, that such oral agreement was made, it is clear that it is governed by the Statute of Frauds (see, General Obligations Law § 5-703 [1];…
2Cases cited11 opinions
- 805 Third Ave. Co. v. M.W. Realty AssociatesNew York Court of Appeals · 1983
- Braten v. Bankers Trust Co.New York Court of Appeals · 1983
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Royce v. RymkevitchAppellate Division of the Supreme Court of the State of New York · 1968
- Boylan v. G. L. Morrow Co.New York Court of Appeals · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Barretti v. DetoreAppellate Division of the Supreme Court of the State of New York · 2012
- Solomon v. BurdenAppellate Division of the Supreme Court of the State of New York · 2013
- Liffiton v. DiBlasiAppellate Division of the Supreme Court of the State of New York · 1991
- Marine Midland Bank, N. A. v. MalmstromAppellate Division of the Supreme Court of the State of New York · 1992
- Pappas v. Resolution Trust Corp.Appellate Division of the Supreme Court of the State of New York · 1998
2 more not listed; retrieve them via the Exa API.