Legal Opinion
Walentas v. 35-45 Front Street Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2005PublishedCited by 12 opinions
1Opinion of the Court
In an action, inter alia, for specific performance of an alleged agreement for the sale of real property, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated March 12, 2004, as granted that branch of the defendant’s motion which was pursuant to CELR 3211 (a) (5) to dismiss the complaint on the ground that it is barred by the statute of frauds.
Ordered that the order is affirmed insofar as appealed from, with costs.
The statute of frauds (see General Obligations Law § 5-703 [3]) provides that “[a] contract to devise real property ... is void…
2Cases cited5 opinions
- Sheehan v. CulottaAppellate Division of the Supreme Court of the State of New York · 1984
- Cohen v. SwensonAppellate Division of the Supreme Court of the State of New York · 1988
- Simmonds v. MarshallAppellate Division of the Supreme Court of the State of New York · 2002
- Schuman v. StraussAppellate Division of the Supreme Court of the State of New York · 1988
- Rahimzadeh v. M.A.C. AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by12 opinions
- Nesbitt v. PenalverAppellate Division of the Supreme Court of the State of New York · 2007
- Behrends v. White Acre Acquisitions, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Pozo v. Impressive Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Ehrenreich v. IsraelAppellate Division of the Supreme Court of the State of New York · 2020
- Abbey v. HenriquezAppellate Division of the Supreme Court of the State of New York · 2007
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