May v. McVann

Appellate Division of the Supreme Court of New York

May v. McVann

272 A.D.2d 929

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

DecidedJune 23, 1947

StatusPublished

This text of 272 A.D.2d 929 (May v. McVann) 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

May v. McVann, 272 A.D.2d 929 (N.Y. Ct. App. 1947).

Pincite

Opinion

In an action by the purchaser for specific performance of a contract to sell real property, order granting defendants’ motion to dismiss the complaint under subdivision 8 of rule 107 of the Rules of Civil Practice, and the judgment entered thereon, unanimously affirmed, with $10 costs and disbursements, on the grounds (1) that the indorsing of the check was not a subscribing to a note or memorandum, even though the cheek was delivered with an accompanying letter; and (2) that the letter and the check, read together, are insufficient as a note or memorandum to express anything but a void contract, as defined in section 259 of the Real Property Law (L. 1934, ch. 750, as amd, by L. 1944, ch. 198). Present — Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ.

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In an action by the purchaser for specific performance of a contract to sell real property, order granting defendants’ motion to dismiss the complaint under subdivision 8 of rule 107 of the Rules of Civil Practice, and the judgment entered thereon, unanimously affirmed, with $10 costs and disbursements, on the grounds (1) that the indorsing of the check was not a subscribing to a note or memorandum, even though the cheek was delivered with an accompanying letter; and (2) that the letter and the check, read together, are insufficient as a note or memorandum to express anything but a void contract, as defined in section 259 of the Real Property Law (L. 1934, ch. 750, as amd, by L. 1944, ch. 198). Present — Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ.

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Bluebook (online)

272 A.D.2d 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-mcvann-nyappdiv-1947.