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Terranova v. Secured Capital Corp.

Citations: 250 A.D.2d 835; 673 N.Y.S.2d 448; 1998 N.Y. App. Div. LEXIS 6019

Court: Appellate Division of the Supreme Court of the State of New York; May 26, 1998; New York; State Appellate Court

Narrative Opinion Summary

In the case concerning specific performance of a real property contract, the defendant's appeal against a Supreme Court order denying its motion for summary judgment is affirmed. The court held that the contract did not violate the Statute of Frauds, as it was written, included consideration prior to June 30, 1996, and was signed by the relevant party. Although the contract did not specify a purchase price for sales occurring after that date, the plaintiff presented sufficient evidence suggesting that the defendant may have intentionally obstructed the necessary subdivision approval, hindering the plaintiff's ability to finalize the transaction on time. As a result, the denial of the defendant's summary judgment motion was justified, and the additional arguments raised by the defendant were deemed meritless.

Legal Issues Addressed

Denial of Summary Judgment Motion

Application: The court justified the denial of the defendant's motion for summary judgment based on the evidence presented, and found the additional arguments by the defendant to be without merit.

Reasoning: As a result, the denial of the defendant's summary judgment motion was justified, and the additional arguments raised by the defendant were deemed meritless.

Statute of Frauds Compliance in Real Property Contracts

Application: The court determined that the real property contract in question complied with the Statute of Frauds because it was in writing, included consideration prior to the specified date, and was signed by the relevant party.

Reasoning: The court held that the contract did not violate the Statute of Frauds, as it was written, included consideration prior to June 30, 1996, and was signed by the relevant party.

Sufficient Evidence of Intentional Obstruction

Application: The plaintiff provided adequate evidence suggesting that the defendant may have deliberately obstructed the necessary subdivision approval, which impacted the plaintiff's ability to complete the transaction in a timely manner.

Reasoning: The plaintiff presented sufficient evidence suggesting that the defendant may have intentionally obstructed the necessary subdivision approval, hindering the plaintiff's ability to finalize the transaction on time.