Legal Opinion
300 West End Avenue Corp. v. Warner
New York Court of Appeals
Decided February 13, 1929PublishedCited by 29 opinions
1Opinion of the CourtPound, J.
This is an action to recover damages for breach of a contract to lease whereby plaintiff promised to make and defendant promised to take a lease of real property in the city of New York for a term of three years at a yearly rental of $7,000. The answer sets up as a defense the Statute of Frauds (Real Property Law, § 259; Cons. Laws, ch. 50) and alleges:
“Second. That neither the said alleged lease or contract or any note or memorandum thereof was in writing subscribed by the alleged lessor, the plaintiff in this action, or by any person by him lawfully authorized.’
The Special Term granted a…
2Cases cited16 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Worrall v. . MunnNew York Court of Appeals · 1851
- Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co.New York Court of Appeals · 1927
- James v. . PattenNew York Court of Appeals · 1851
- Peabody v. . SpeyersNew York Court of Appeals · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Farago v. BurkeNew York Court of Appeals · 1933
- Irvmor Corp. v. RodewaldNew York Court of Appeals · 1930
- Backus Plywood Corporation v. Commercial Decal, Inc.District Court, S.D. New York · 1962
- Raoul v. Olde Village Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
24 more not listed; retrieve them via the Exa API.