Ben D. Birnhak Et Al. v. Josephine Vaccaro - Supreme Court of New York

Ben D. Birnhak Et Al. v. Josephine Vaccaro

By Supreme Court of New York

  • Release Date - Published: 1975-04-21
  • Book Genre: Law
  • Author: Supreme Court of New York
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Ben D. Birnhak Et Al. v. Josephine Vaccaro Supreme Court of New York read online review & book description:

[47 A.D.2d 915 Page 915] Plaintiffs instituted this action to compel defendant to perform an alleged agreement to sell to them a two-family house located in Brooklyn, New York. The agreement is evidenced by a writing signed by the parties which states: Agreement made this 24th day of January 1973 between Josephine Vaccaro as seller and Ben D. [sic] Francoise Birnhack as Purchasers. Seller agrees to sell land and building located at 1842-49th Street, Brooklyn, N.Y., for the sum of forty thousand dollars ($40,000). With the signing of this Agreement, Josephine Vaccaro acknowledges receipt of $100. (One Hundred Dollars) as a binder. (signed) Josephine Vaccaro, Seller Ben D. Birnhack Francoise Birnhack, Purchasers. Subsequent to the execution of this writing, defendant refused to proceed with the closing of title. Her answer to the complaint consists of general denials and the affirmative defense of the Statute of Frauds. Plaintiffs' motion for summary judgment was denied. Special Term found that the memorandum was sufficient to satisfy the Statute of Frauds. However, it held that plaintiffs were not ready, willing and able to perform because, in their prayer for relief, they requested that possible mortgage lenders be allowed to inspect the premises in order to [47 A.D.2d 915 Page 916]

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