Legal Opinion
Abbey v. Henriquez
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 2007PublishedCited by 2 opinions
1Opinion of the Court
In an action pursuant to RPAPL article 15 to quiet title to *725real property, the plaintiffs appeal from an order of the Supreme Court, Kings County (Ambrosio, J.), dated June 9, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs’ contention, the Supreme Court properly determined that the writing at issue did not constitute an enforceable contract for the sale of real property under the statute of frauds (see General Obligations Law § 5-703 [2], [3]), since the instrument failed to set…
2Cases cited9 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
- O'Brien v. WestAppellate Division of the Supreme Court of the State of New York · 1993
- Wilson v. La VanNew York Court of Appeals · 1968
- Checkla v. Stone Meadow Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
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3Cited by2 opinions
- Congdon v. EverettAppellate Division of the Supreme Court of the State of New York · 2009
- Gold Coast Homes at Evert Street, Inc. v. CannuscioAppellate Division of the Supreme Court of the State of New York · 2009