Allen v. Hyland

Appellate Division of the Supreme Court of New York

Allen v. Hyland

12 A.D.2d 721, 208 N.Y.S.2d 118, 1960 N.Y. App. Div. LEXIS 6816

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1960

StatusPublished

This text of 12 A.D.2d 721 (Allen v. Hyland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Hyland, 12 A.D.2d 721, 208 N.Y.S.2d 118, 1960 N.Y. App. Div. LEXIS 6816 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order unanimously reversed, without costs of this appeal to either party and motion for summary judgment denied, without costs. Memorandum: Triable issues of fact are presented as to whether plaintiff sufficiently performed a written contract for the sale of real property to be entitled to payment of the balance of the purchase price and as to whether her performance thereof was excused by waiver or estoppel. In the circumstances, summary judgment should not have been granted. (Appeal from order of Erie Special Term, granting plaintiff’s motion for summary judgment in an action to recover purchase price of realty.) Present—Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.

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Order unanimously reversed, without costs of this appeal to either party and motion for summary judgment denied, without costs. Memorandum: Triable issues of fact are presented as to whether plaintiff sufficiently performed a written contract for the sale of real property to be entitled to payment of the balance of the purchase price and as to whether her performance thereof was excused by waiver or estoppel. In the circumstances, summary judgment should not have been granted. (Appeal from order of Erie Special Term, granting plaintiff’s motion for summary judgment in an action to recover purchase price of realty.) Present—Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.

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Bluebook (online)

12 A.D.2d 721, 208 N.Y.S.2d 118, 1960 N.Y. App. Div. LEXIS 6816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-hyland-nyappdiv-1960.