Scarane v. T. H. Fraser Mortgage Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
It is our opinion that the contract should have been received in evidence and other excluded proof permitted to determine whether the subscription of the seller’s name in typewriting was authorized by the seller and made with the intention of subscribing the seller’s name within the intent and meaning of section 259 of the Real Property Law. (Bork v. Martin, 132 N. Y. 280. 285; Landeker v. Co-Operative Bldg. Bank, 71 Misc. 517, 518; Mesibov, Glinert & Levy v. Cohen Bros. Mfg. Co., 245 N. Y. 305, 310; Koch v. Regan, 272 App. Div. 920.) Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ.,…
2Cases cited3 opinions
- Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co.New York Court of Appeals · 1927
- Bork v. . MartinNew York Court of Appeals · 1892
- Landeker v. The Co-Operative Building BankNew York Supreme Court · 1911
3Cited by4 opinions
- Papakostas v. HarkinsAppellate Division of the Supreme Court of the State of New York · 1990
- Singer v. KlebanowNew York Supreme Court · 1957
- Workbench, Inc. v. Syblin Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Gold v.VitucciAppellate Division of the Supreme Court of the State of New York · 1990