McGee v. Ghausi

Appellate Division of the Supreme Court of New York

McGee v. Ghausi

154 A.D.2d 517, 547 N.Y.S.2d 240, 1989 N.Y. App. Div. LEXIS 12768

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

DecidedOctober 16, 1989

StatusPublished

This text of 154 A.D.2d 517 (McGee v. Ghausi) 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

McGee v. Ghausi, 154 A.D.2d 517, 547 N.Y.S.2d 240, 1989 N.Y. App. Div. LEXIS 12768 (N.Y. Ct. App. 1989).

Pincite

Opinion

— In an action for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Benson, J.), entered May 19, 1988, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

[518]*518We conclude that the Supreme Court erred in awarding summary judgment to the defendants based on the Statute of Frauds. In their motion papers, the defendants did not request summary judgment dismissing the complaint on that basis. Thus, the granting of the motion on that ground was inappropriate.

We note that the defendants do not seek to sustain the award of summary judgment in their favor on the grounds they urged before the Supreme Court. We decline to reach those issues on this appeal. Mollen, P. J., Brown, Lawrence and Spatt, JJ., concur.

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— In an action for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Benson, J.), entered May 19, 1988, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

[518]*518We conclude that the Supreme Court erred in awarding summary judgment to the defendants based on the Statute of Frauds. In their motion papers, the defendants did not request summary judgment dismissing the complaint on that basis. Thus, the granting of the motion on that ground was inappropriate.

We note that the defendants do not seek to sustain the award of summary judgment in their favor on the grounds they urged before the Supreme Court. We decline to reach those issues on this appeal. Mollen, P. J., Brown, Lawrence and Spatt, JJ., concur.

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Bluebook (online)

154 A.D.2d 517, 547 N.Y.S.2d 240, 1989 N.Y. App. Div. LEXIS 12768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-ghausi-nyappdiv-1989.