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GOLDFARB, TRIMBLE PLACE CONSTR. CO. v. MONTAG DEV

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1927
220 App. Div. 784 (N.Y. App. Div. 1927)

Opinion

May, 1927.


Order denying motion to dismiss complaint reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The complaint does not state facts constituting a cause of action. It does not show any confidential relation between the parties, nor, in connection with the oral agreement to convey the real estate therein described, does it show any act of part performance which would justify the granting of relief, contrary to the imperative provisions of the statute (Real Prop. Law [Consol. Laws, chap. 50], § 242) that, except as therein provided, an oral agreement to convey real property is not enforcible. ( Woolley v. Stewart, 222 N.Y. 347.) Kelly, P.J., Manning, Kapper, Lazansky and Hagarty, JJ., concur. Settle order upon notice.


Summaries of

GOLDFARB, TRIMBLE PLACE CONSTR. CO. v. MONTAG DEV

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1927
220 App. Div. 784 (N.Y. App. Div. 1927)
Case details for

GOLDFARB, TRIMBLE PLACE CONSTR. CO. v. MONTAG DEV

Case Details

Full title:PHILIP GOLDFARB and TRIMBLE PLACE CONSTRUCTION CO., INC., Respondents, v…

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

Date published: May 1, 1927

Citations

220 App. Div. 784 (N.Y. App. Div. 1927)