Grene v. Bailey

Appellate Division of the Supreme Court of New York

Grene v. Bailey

282 A.D. 857, 124 N.Y.S.2d 740, 1953 N.Y. App. Div. LEXIS 5212

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

DecidedOctober 6, 1953

StatusPublished

This text of 282 A.D. 857 (Grene v. Bailey) 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

Grene v. Bailey, 282 A.D. 857, 124 N.Y.S.2d 740, 1953 N.Y. App. Div. LEXIS 5212 (N.Y. Ct. App. 1953).

Pincite

Opinion

Order unanimously modified so as to deny the motion to dismiss the first and third causes of action as to the defendant United Sanitary Corporation and, as so modified, affirmed, without costs. The pleading is ineptly drawn but is sufficient. The Statute of Frauds is inapplicable to the first cause of action because the ten years mortgage is only an incidental implementation of the larger arrangement which is not subject to the statute. With respect to each of the causes of action defendant United Sanitary Corporation is either an indispensable or a conditionally necessary party. Present — Peck, P. J., Dore, Callahan, Breitel and Bastow, JJ.

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Order unanimously modified so as to deny the motion to dismiss the first and third causes of action as to the defendant United Sanitary Corporation and, as so modified, affirmed, without costs. The pleading is ineptly drawn but is sufficient. The Statute of Frauds is inapplicable to the first cause of action because the ten years mortgage is only an incidental implementation of the larger arrangement which is not subject to the statute. With respect to each of the causes of action defendant United Sanitary Corporation is either an indispensable or a conditionally necessary party. Present — Peck, P. J., Dore, Callahan, Breitel and Bastow, JJ.

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Bluebook (online)

282 A.D. 857, 124 N.Y.S.2d 740, 1953 N.Y. App. Div. LEXIS 5212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grene-v-bailey-nyappdiv-1953.