Lake Hills Acreage, Inc. v. Grillo

Appellate Division of the Supreme Court of New York

Lake Hills Acreage, Inc. v. Grillo

46 A.D.2d 679, 360 N.Y.S.2d 62, 1974 N.Y. App. Div. LEXIS 3919

Appellate Division of the Supreme Court of the State of New York·Decided October 21, 1974·Published

Opinion

In an action by a vendee for specific performance of a contract to sell real property, defendant appeals from a judgment of the Supreme Court, Suffolk County, entered November 16, 1973, which directed him to specifically [680] perform the contract. The appeal brings up for review an order of the same court, dated October 4, 1973, which granted plaintiff’s motion for summary-judgment and upon which the judgment was made. Order and judgment reversed, with $20 costs and disbursements, and motion denied. In our opinion, the affidavits raised issues of fact which should be resolved on a trial. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

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In an action by a vendee for specific performance of a contract to sell real property, defendant appeals from a judgment of the Supreme Court, Suffolk County, entered November 16, 1973, which directed him to specifically [680] perform the contract. The appeal brings up for review an order of the same court, dated October 4, 1973, which granted plaintiff’s motion for summary-judgment and upon which the judgment was made. Order and judgment reversed, with $20 costs and disbursements, and motion denied. In our opinion, the affidavits raised issues of fact which should be resolved on a trial. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

Lake Hills Acreage, Inc. v. Grillo, 46 A.D.2d 679, 360 N.Y.S.2d 62, 1974 N.Y. App. Div. LEXIS 3919 (N.Y. Ct. App. 1974).

Pincite

46 A.D.2d 679 (Lake Hills Acreage, Inc. v. Grillo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.