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ALLEN v. HYLAND

30 Misc.2d 632 (1961)

Minnie B. Allen, Plaintiff, v. Dean Hyland, Defendant.

Supreme Court, Erie County.

May 25, 1961

Attorney(s) appearing for the Case

John T. Elfvin for plaintiff. Samuel A. Magistrale for defendant.

MICHAEL CATALANO, J.

This action was commenced on March 18, 1960. Thereafter plaintiff's motion for summary judgment for $2,610 was granted, but reversed upon appeal to the Appellate Division, Fourth Department, Supreme Court, which stated: "Triable issues of fact are presented as to whether plaintiff sufficiently performed a written contract for the sale of real property to be entitled to payment of the balance...

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