TRINGLE, JR. v. TRINGLE


40 A.D.3d 353 (2007)

835 N.Y.S.2d 560

JOHN TRINGLE, JR., Appellant, v. ANDREA TRINGLE, Respondent, et al., Defendant.

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

Decided May 15, 2007.


Plaintiff's claim that he paid defendant $20,000 in part performance of defendant's oral agreement to sell him the subject apartment for $40,000 was properly rejected on a finding that the parties never reached a meeting of the minds as to when and how the $40,000 was to paid (see MacKenzie v MacKenzie, 13 A.D.3d 1010 [2004]). Such an understanding is not shown by plaintiff's testimony that defendant said to him, "look, I need some...

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