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NATHAN v. SPECTOR

281 A.D. 451 (1953)

Eugene J. Nathan, Respondent, v. Louis Spector, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 18, 1953.

Attorney(s) appearing for the Case

Francis W. McGinley, F. Walter Bliss and Robert H. Ecker for appellant.

J. Clarence Herlihy and Henry J. Metzner for respondent.

FOSTER, P. J., and BREWSTER, J., concur with HALPERN, J.; COON, J., dissents in memorandum in which BERGAN, J., concurs.

HALPERN, J.

This is an appeal from an order granting summary judgment in favor of the plaintiff, the purchaser of certain real property, in an action for specific performance, and from the judgment entered in accordance with the order. The principal question is whether the Statute of Frauds (Real Property Law, § 259) was complied with.

In reviewing an order granting summary judgment in favor of the...

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