Firth v. Hefu Lu

(dissenting) — In reversing the Court of Appeals and reinstating the trial court’s grant of summary judgment in this case, the majority has failed to view the facts in the light most favorable to the nonmoving party (Lu and Sun), has erringly concluded that the transfer of a long-term proprietary lease is not within the real estate statute of frauds, and has ignored the alternative argu*623ments that Lu and Sun raised for affirming the reversal of summary judgment.

In December 1996, Barbara Palecek and Donald Firth began discussing with neighbor Hefu Lu the possibility of purchasing the apartment…