Legal Opinion
Piazza v. Sutherland
New York Supreme Court
Decided April 21, 1967PublishedCited by 5 opinions
1Opinion of the CourtJack Stanislaw, J.
On February 13, 1963 the parties put their names to a document upon which Piazza, the plaintiff bases this action for specific performance. Sutherland and D’Elia, the defendants, insist that the document is not sufficient to withstand their defense based upon the Statute of Frauds (General Obligations Law, § 5-703). Trial proceeded before the court and the following represents our decision pursuant to CPLR 4213.
The cause of action can only be sustained if the writing is, at least in the first place, a contract. It consists of three handwritten pages prepared by plaintiff’s attorney on the…
2Cases cited15 opinions
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Wright v. . WeeksNew York Court of Appeals · 1862
- Waring v. . AyresNew York Court of Appeals · 1869
- Schley v. . FryerNew York Court of Appeals · 1885
- Miller v. TuckAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by5 opinions
- American Cyanamid Co. v. Elizabeth Arden Sales Corp.District Court, S.D. New York · 1971
- Leasing Service Corporation v. River City Construction, Inc., and Welborn DentCourt of Appeals for the Eleventh Circuit · 1984
- D. A. D. Restaurant, Ltd. v. Anthony Operating Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Boyajian v. CaseyAppellate Division of the Supreme Court of the State of New York · 1976
- Josefsson v. KellerAppellate Division of the Supreme Court of the State of New York · 1988