From Casetext: Smarter Legal Research

Dingle v. Glass

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 507 (N.Y. App. Div. 1998)

Opinion

February 17, 1998

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the judgment is reversed, with costs, and the complaint is reinstated.

Where there are conflicting factual allegations concerning whether a deed was delivered and accepted with the intent to convey an interest in property, the questions raised should be resolved by a jury ( see, Ten Eyck v. Whitbeck, 156 N.Y. 341, 352; 4 Warren's Weed, New York Real Property, Delivery, § 2 [4th ed]; 1 Rasch, New York Law Practice of Real Property § 24:162, at 879 [2d ed]). Because the allegations of the parties create a question of fact as to whether the deed was delivered and accepted, the court erred in dismissing the complaint.

Miller, J. P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Dingle v. Glass

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 507 (N.Y. App. Div. 1998)
Case details for

Dingle v. Glass

Case Details

Full title:BRUCE DINGLE, Appellant, v. DIANNE (WHITE) GLASS, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1998

Citations

247 A.D.2d 507 (N.Y. App. Div. 1998)
668 N.Y.S.2d 478

Citing Cases

Van Lieu v. Pellegrini

Ordered that the order is affirmed insofar as appealed from, with costs. The Supreme Court properly…

Janian v. Barnes

Defendant's later admission in his letter to plaintiff Ara Kradjian in October 1998 that he had transmitted…