Benitez v. Martinez

In an action to recover the amount paid on the execution of a contract for the sale of real property, to rescind the contract, and to impress a lien upon the property involved, the appeal is from an order granting a motion for summary judgment dismissing the complaint pursuant to rule 113 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, the appellant submitted proof sufficient to create an issue of fact as to the conclusiveness of the documentary evidence, consisting of the written contract of sale, relied upon by the…