Burke v. Wuster

Appellate Division of the Supreme Court of New York

Burke v. Wuster

135 A.D.2d 598, 522 N.Y.S.2d 465, 1987 N.Y. App. Div. LEXIS 52539

Appellate Division of the Supreme Court of the State of New York·Decided December 14, 1987·Published

Opinion

— In an action for specific performance of a contract to convey title to property, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (McCarthy, J.), entered September 4, 1986, as denied his motion for summary judgment dismissing the complaint.

[599] Ordered that the order is affirmed insofar as appealed from, with costs.

Whether the defendant’s motion be viewed as one pursuant to CPLR 3211 or 3212, dismissal of the complaint was properly denied. The propriety of the defendant’s rescission of the contract raises issues which should be determined at trial. Mangano, J. P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.

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— In an action for specific performance of a contract to convey title to property, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (McCarthy, J.), entered September 4, 1986, as denied his motion for summary judgment dismissing the complaint.

[599] Ordered that the order is affirmed insofar as appealed from, with costs.

Whether the defendant’s motion be viewed as one pursuant to CPLR 3211 or 3212, dismissal of the complaint was properly denied. The propriety of the defendant’s rescission of the contract raises issues which should be determined at trial. Mangano, J. P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.

Burke v. Wuster, 135 A.D.2d 598, 522 N.Y.S.2d 465, 1987 N.Y. App. Div. LEXIS 52539 (N.Y. Ct. App. 1987).

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135 A.D.2d 598 (Burke v. Wuster) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.