Legal Opinion
Rawcliffe v. Aguayo
New York Supreme Court
Decided April 28, 1981PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Gloria Goldstein, J.
This case, submitted to the court upon an agreed statement of facts, presents an issue of novel impression. Is a buyer entering into a wholly executory contract to purchase real property, entitled to the remedy of specific performance when the check, issued for the requisite down payment, is returned for “insufficient funds,” and the seller has thereupon declared the contract void? There do not appear to be any reported cases precisely in point in any jurisdiction.
The parties stipulated that the case be decided upon the following statement of facts: “On…
2Cases cited6 opinions
- Grace v. NappaNew York Court of Appeals · 1979
- M. S. R. Associates Ltd. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Cochran v. TaylorNew York Court of Appeals · 1937
- Mansion Carpets, Inc. v. MarinoffAppellate Division of the Supreme Court of the State of New York · 1965
- Jamaica Savings Bank v. SuttonAppellate Division of the Supreme Court of the State of New York · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sharma v. Skaarup Ship Management Corp.District Court, S.D. New York · 1988
- Bunn-O-Matic Corp. v. Bunn Coffee Service, Inc.District Court, C.D. Illinois · 2000
- 3511 13th Street Tenants' Ass'n v. 3511 13th Street, N.W. Residences, LLCDistrict of Columbia Court of Appeals · 2007
- RR Chester, LLC v. Arlington Building Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Daimon v. FridmanAppellate Division of the Supreme Court of the State of New York · 2004
8 more not listed; retrieve them via the Exa API.