Fox v. Hawkins 215 N.Y. 655

Catherine Fox et al., Appellants, v. Samuel N. Hawkins, Respondent.

(Argued April 3, 1915;

decided May 25, 1915.)

Fox v. Hawlcins, 156 App. Div. 917, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 19, 1913, affirming a judgment' in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action brought to compel specific performance of a contract to release plaintiff's real property at Ronkonkoma, Suffolk county, from a tax title held by defendant. Defendant’s answer denies the material allegations of the complaint and as a separate defense pleads that the alleged agreement was not subscribed by the defendant and was, therefore, void under the Statute of Frauds.

John V. Judge for appellants.

William M. Moore and John A. Bowen for respondent.