Donner v. Septimus

Appellate Division of the Supreme Court of New York

Donner v. Septimus

122 A.D.2d 104, 504 N.Y.S.2d 1020, 1986 N.Y. App. Div. LEXIS 59170

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

DecidedJuly 14, 1986

StatusPublished

Cited by1 cases

This text of 122 A.D.2d 104 (Donner v. Septimus) 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

Donner v. Septimus, 122 A.D.2d 104, 504 N.Y.S.2d 1020, 1986 N.Y. App. Div. LEXIS 59170 (N.Y. Ct. App. 1986).

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Opinion

— In an action to compel specific performance of a contract for the sale of real property and to recover damages for the breach thereof, the defendant vendor appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated November 14, 1985, as denied his motion for summary judgment.

Order affirmed insofar as appealed from, with costs.

The record raises sufficient questions of fact to warrant a trial to determine whether the memorandum in question contains all of the elements of the parties’ actual agreement so as to meet the requirements of the Statute of Frauds (see, General Obligations Law § 5-703 [2]). Mollen, P. J., Lazer, Thompson and Kunzeman, JJ., concur.

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— In an action to compel specific performance of a contract for the sale of real property and to recover damages for the breach thereof, the defendant vendor appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated November 14, 1985, as denied his motion for summary judgment.

Order affirmed insofar as appealed from, with costs.

The record raises sufficient questions of fact to warrant a trial to determine whether the memorandum in question contains all of the elements of the parties’ actual agreement so as to meet the requirements of the Statute of Frauds (see, General Obligations Law § 5-703 [2]). Mollen, P. J., Lazer, Thompson and Kunzeman, JJ., concur.

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Bluebook (online)

122 A.D.2d 104, 504 N.Y.S.2d 1020, 1986 N.Y. App. Div. LEXIS 59170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donner-v-septimus-nyappdiv-1986.

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