Legal Opinion
Lashway v. Sorell
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1976PublishedCited by 11 opinions
1Opinion of the CourtSweeney, J.
Plaintiff brought this action for specific performance of a land sale contract, alleging that he timely exercised an "option for property” obtained from defendant for a consideration of $200. Defendant moved to dismiss the complaint on the ground it does not state a cause of action and further, any such action is barred by the Statute of Frauds. Special Term, treating the motion as one for summary judgment pursuant to CPLR 3211 (subd. [c]), held that a *98certain written memorandum was sufficient to satisfy the Statute of Frauds, and denied the motion.
The sole issue on this appeal is whether the…
2Cases cited4 opinions
- N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
- Keystone Hardware Corp. v. TagueNew York Court of Appeals · 1927
- Balkum v. MarinoNew York Court of Appeals · 1949
- Monaco v. LevyAppellate Division of the Supreme Court of the State of New York · 1961
3Cited by11 opinions
- Read v. HenzelAppellate Division of the Supreme Court of the State of New York · 1979
- Meinrath v. Singer Co.District Court, S.D. New York · 1979
- Abernathy-Thomas Engineering Co. v. Pall Corp.District Court, E.D. New York · 2000
- Wacks v. KingAppellate Division of the Supreme Court of the State of New York · 1999
- Rohrwasser v. Al & Lou Construction Co.Appellate Division of the Supreme Court of the State of New York · 1981
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