Wills v. Wills
Cases that cite this one
5 later published cases cite this decision.
- Bazak International Corp. v. Mast Industries, Inc. (N.Y. 1989)
- Bazak International Corp. v. Mast Industries, Inc. (Appellate Division of the Supreme Court of New York 1988)
- Lebowitz v. Mingus (Appellate Division of the Supreme Court of New York 1984)
- Geraci v. Jenrette (N.Y. 1977)
- Kolodziej v. Kolodziej (Appellate Division of the Supreme Court of New York 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Memorandum. We agree with the conclusions of the dissenter at the Appellate Division that the execution of the power of attorney, claimed by respondent to constitute part performance sufficient to remove the -bar of the Statute of Frauds, was not unequivocally referable to the contract asserted, and that the mere failure on the part of the appellant to carry out the supposed bargain could not give rise to an inference of fraud excusing the application of the statute.
The order appealed from should be reversed, the complaint dismissed and the matter remitted to Supreme Court, Suffolk County, for determination of the counterclaim, without costs.
Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson concur; Judge Burke taking no part.
Order reversed, without costs, and case remitted to Supreme Court, Suffolk County, for further proceedings in accordance with the memorandum herein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.