Malin v. Ward

Appeal from an order of a Special Term, Supreme Court, Ulster County, which denied a motion for summary judgment. In this action for specific performance of a contract for the sale of real property, plaintiff as purchaser relies on two written instruments subscribed by defendant Ward for compliance with section 259 of the Real Property Law. This section requires “some note or memorandum” of the contract to be subscribed by the party to be charged. The first memorandum recited the receipt from plaintiff of a deposit “on the purchase price of approximately three acres of land, the same situate…