Legal Opinion

Asher v. Gigante

Appellate Division of the Supreme Court of the State of New York

Decided September 12, 2005PublishedCited by 12 opinions

1Opinion of the Court

In an action for specific performance of an alleged oral contract for the conveyance of real property, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated September 30, 2004, which, inter alia, granted the defendants’ cross motion to dismiss the complaint as barred by the statute of frauds and to vacate the notice of pendency filed against the subject property.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The plaintiff commenced this action for specific performance of an alleged oral agreement to convey certain real…

2Cases cited4 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Romaro Corp. v. Sea & Sky Garden, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Estate of VetriAppellate Division of the Supreme Court of the State of New York · 1994
  4. Equicredit Corp. v. CabreroAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by12 opinions

  1. Mannino v. Wells Fargo Home Mortgage, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Gabriel v. PrimeAppellate Division of the Supreme Court of the State of New York · 2006
  3. Yemini v. GoldbergAppellate Division of the Supreme Court of the State of New York · 2011
  4. Dawson v. WileyAppellate Division of the Supreme Court of the State of New York · 2006
  5. Drake v. FriedenthalAppellate Division of the Supreme Court of the State of New York · 2013

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