¶1In an action by the seller for specific performance of a real estate contract and for damages, order striking the defense of the Statute of Frauds from defendant’s answer and granting summary judg; lent to plaintiff, affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Carswell and Wenzel, JJ., concur; Adel and Sneed, JJ., dissent and vote to reverse the order and to deny the motion on the ground that a triable issue of fact exists.
274 A.D. 996
Dobbs v. King
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1948
Appellate Division of the Supreme Court of the State of New York · decided 1948-12-06
Decided 1948-12-06