Legal Opinion
Jonestown Place Corp. v. 153 West 33rd Street Corp.
New York Court of Appeals
Decided May 5, 1981PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
It is axiomatic that an oral agreement for the sale of real property is unenforceable under the Statute of Frauds (General Obligations Law, § 5-703, subd 2). Part performance will render the contract enforceable only where such performance is “unequivocally referable” to the alleged agreement of sale (e.g., Burns v McCormick, 233 NY 230, 232). Inasmuch as the mere purchase of an adjoining parcel of land from a third party is equivocal, it is not sufficient part performance to remove the bar of…
2Cases cited2 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Gracie Square Realty Corp. v. Choice Realty Corp.New York Court of Appeals · 1953
3Cited by19 opinions
- Gray v. Fill (In Re Fill)United States Bankruptcy Court, S.D. New York · 1987
- Van Brunt v. RauschenbergDistrict Court, S.D. New York · 1992
- Lilling v. SlauenwhiteAppellate Division of the Supreme Court of the State of New York · 1988
- Nicolaides v. NicolaidesAppellate Division of the Supreme Court of the State of New York · 1991
- Bee Jay Industrial Corp. v. FinaAppellate Division of the Supreme Court of the State of New York · 1983
14 more not listed; retrieve them via the Exa API.