Turkish Society of Rochester, Inc. v. Cimino

Boehm, J. (dissenting).

I respectfully dissent. In my view, there are questions of fact concerning whether the parties completed a binding contract for plaintiff’s purchase of defendants’ property. It is well settled that the oral acceptance of a satisfactory written offer constitutes a binding contract (see, Tymon v Linoki, 16 NY2d 293, 298; see also, Marat Corp. v Abrams, 15 NY2d 1002; Read v Henzel, 67 AD2d 186). The majority would require a signed writing whenever the Statute of Frauds is implicated, but there is serious doubt that this has ever been the law in this State.

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