Goodman v. Platt

Appellate Division of the Supreme Court of New York

Goodman v. Platt

155 A.D.2d 643, 548 N.Y.S.2d 895, 1989 N.Y. App. Div. LEXIS 15149

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

DecidedNovember 27, 1989

StatusPublished

This text of 155 A.D.2d 643 (Goodman v. Platt) 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

Goodman v. Platt, 155 A.D.2d 643, 548 N.Y.S.2d 895, 1989 N.Y. App. Div. LEXIS 15149 (N.Y. Ct. App. 1989).

Pincite

Opinion

— In an action, inter alia, for specific performance of a contract for the sale of real property, (1) the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered August 4, 1988, as denied his motion for summary judgment and (2) the plaintiffs cross-appeal from so much of the same order as denied their motion for summary judgment. The appeal brings up for review so much of an order of the same court, entered November 9, 1988, as, upon reargument, adhered to the original determination (CPLR 5517 [b]).

Ordered that the appeal and the cross appeal from the order entered August 4, 1988 are dismissed, without costs or disbursements, as that order was superseded by the order entered November 9, 1988, made upon reargument; and it is further,

Ordered that the order entered November 9, 1988 is affirmed insofar as reviewed, without costs or disbursements.

A review of the entire record reveals that material issues of fact exist which can only be resolved at a trial. Mangano, J. P., Lawrence, Hooper and Balletta, JJ., concur.

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— In an action, inter alia, for specific performance of a contract for the sale of real property, (1) the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered August 4, 1988, as denied his motion for summary judgment and (2) the plaintiffs cross-appeal from so much of the same order as denied their motion for summary judgment. The appeal brings up for review so much of an order of the same court, entered November 9, 1988, as, upon reargument, adhered to the original determination (CPLR 5517 [b]).

Ordered that the appeal and the cross appeal from the order entered August 4, 1988 are dismissed, without costs or disbursements, as that order was superseded by the order entered November 9, 1988, made upon reargument; and it is further,

Ordered that the order entered November 9, 1988 is affirmed insofar as reviewed, without costs or disbursements.

A review of the entire record reveals that material issues of fact exist which can only be resolved at a trial. Mangano, J. P., Lawrence, Hooper and Balletta, JJ., concur.

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Bluebook (online)

155 A.D.2d 643, 548 N.Y.S.2d 895, 1989 N.Y. App. Div. LEXIS 15149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-platt-nyappdiv-1989.