Gibbs v. Secchia

Appellate Division of the Supreme Court of New York

Gibbs v. Secchia

255 A.D. 1016, 8 N.Y.S.2d 565, 1938 N.Y. App. Div. LEXIS 6276

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

DecidedDecember 31, 1938

StatusPublished

This text of 255 A.D. 1016 (Gibbs v. Secchia) 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

Gibbs v. Secchia, 255 A.D. 1016, 8 N.Y.S.2d 565, 1938 N.Y. App. Div. LEXIS 6276 (N.Y. Ct. App. 1938).

Pincite

Opinion

Action for specific performance of an alleged oral contract to convey real estate or, in the alternative, to impress a trust thereon for moneys allegedly advanced by plaintiff for repairs, alterations and other charges. After a trial of the issues by the court without a jury, the complaint was dismissed on the merits. Judgment unanimously affirmed, with costs. Plaintiff not only failed to establish the cause of action alleged, but such cause of action was barred by the final order in a summary proceeding in the Municipal Court between the parties to this action or those in privity with them. Present — Hagarty, Carswell, Adel, Taylor and Close, JJ.

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Action for specific performance of an alleged oral contract to convey real estate or, in the alternative, to impress a trust thereon for moneys allegedly advanced by plaintiff for repairs, alterations and other charges. After a trial of the issues by the court without a jury, the complaint was dismissed on the merits. Judgment unanimously affirmed, with costs. Plaintiff not only failed to establish the cause of action alleged, but such cause of action was barred by the final order in a summary proceeding in the Municipal Court between the parties to this action or those in privity with them. Present — Hagarty, Carswell, Adel, Taylor and Close, JJ.

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Bluebook (online)

255 A.D. 1016, 8 N.Y.S.2d 565, 1938 N.Y. App. Div. LEXIS 6276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-v-secchia-nyappdiv-1938.