Esposito v. Esposito, 125 A.D.2d 363 (N.Y. App. Div. 1986). · Go Syfert
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Esposito v. Esposito, 125 A.D.2d 363 (N.Y. App. Div. 1986). Cases Citing This Book View Copy Cite
11 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Isabella v. Jackling (nyappdiv, 2017-11-17)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Isabella v. Jackling
N.Y. App. Div. · 2017 · confidence medium
Rather, plaintiff’s actions constituted “preliminary steps which contemplate [d] the future formulation of an agreement” (Francesconi v Nutter, 125 AD2d 363, 364 [2d Dept 1986]; see Post Hill, LLC, 122 AD3d at 1128-1129 ; see generally Gracie Sq.
discussed Cited as authority (rule) Chan v. Shew Foo Chin
N.Y. App. Div. · 2009 · confidence medium
The court properly rejected plaintiffs’ claim that the matter was removed from the requirements of the statute of frauds by their part performance, since their acts were not unequivocally referable to an agreement to sell the property at a certain price, “ ‘but rather can be explained as preliminary steps which contemplate the future formulation of an agreement’ ” (RAJ Acquisition Corp. v Atamanuk, 272 AD2d 164, 164-165 [2000], quoting Francesconi v Nutter, 125 AD2d 363, 364 [1986]).
Retrieving the full opinion text from the archive…
Susan G. Esposito
v.
Michael A. Esposito
Appellate Division of the Supreme Court of the State of New York.
Dec 8, 1986.
125 A.D.2d 363
1986 N.Y. App. Div. LEXIS 62643
Published

— In an action for a divorce and ancillary relief, the plaintiff wife appeals from so much of a judgment of divorce of the Supreme Court, Westchester County (Walsh, J.), entered April 1, 1985, as, after a trial, awarded custody of the parties’ children to the defendant father.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff has failed to establish on appeal that the trial court’s decision lacked a sound and substantial basis in the testimony or was contrary to the evidence presented to the court (see, Matter of Darlene T., 28 NY2d 391, 395). Indeed, the record reveals that the court weighed the evidence carefully and thoughtfully. Inasmuch as there has been no abuse of discretion (see, Matter of Darlene T., supra), the trial court’s determination should not be disturbed.

We have examined the appellant’s remaining contentions and find them to be without merit (see, Department of Social Servs. v Trustum C. D., 97 AD2d 831, lv denied, 61 NY2d 605). Niehoff, J. P., Rubin, Eiber and Kunzeman, JJ., concur.