Legal Opinion

Dmochowski v. Rosati

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

Decided July 11, 1983PublishedCited by 6 opinions

1Opinion of the Court

— Order of Erie County Court and judgment of Hamburg Village Small Claims Court unanimously reversed, without costs, and complaint and counterclaim dismissed. Memorandum: Plaintiffs agreed to buy and defendants agreed to sell a parcel of real property. Plaintiffs paid $2,000 down and thereafter defaulted. Defendants refused to return the down payment, whereupon plaintiffs obtained a judgment in Small Claims Court for $1,500, the jurisdictional limit of that court. County Court affirmed and defendants appeal, arguing that the court erred in holding that the defaulting purchasers were entitled…

2Cases cited5 opinions

  1. Lawrence v. . MillerNew York Court of Appeals · 1881
  2. Cooper v. BosseAppellate Division of the Supreme Court of the State of New York · 1981
  3. Silverstein v. United Cerebral Palsy Ass'nAppellate Division of the Supreme Court of the State of New York · 1962
  4. Leading Building Corp. v. SegreteAppellate Division of the Supreme Court of the State of New York · 1978
  5. Evans v. NorrisAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by6 opinions

  1. Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
  2. DeJong v. MandelbaumAppellate Division of the Supreme Court of the State of New York · 1986
  3. Schiffman v. Deluxe Caterers of Shelter Rock, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Forte v. BieleckiAppellate Division of the Supreme Court of the State of New York · 1986
  5. Badame v. Bock Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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