ANNUNZIATA v. SERINO


8 Misc.2d 949 (1957)

Michael Annunziata, Respondent, v. Vincent J. Serino et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 31, 1957.


Attorney(s) appearing for the Case

Michael Sibilio for appellants.

Thomas R. Esposito and Mario Merola for respondent.

AURELIO and TILZER, JJ., concur in Per Curiam opinion; HOFSTADTER, J., dissents in opinion.


Per Curiam.

The writing in question was an enforcible contract for the sale of land. The court in any event will not tolerate a plea of the statute to enable a defaulting vendee to take advantage of his wrong.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

HOFSTADTER, J. (dissenting).

I agree with the view of my brethren that the receipt, if...

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