Gross v. Chappelle

In a vendees’ action for specific performance of a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Nassau County, dated October 2, 1963, which denied their motion for summary judgment and for cancellation of a lis pendens filed against the property. Order reversed, without costs, and motion granted; complaint dismissed and lis pendens directed to be cancelled of record. The Statute of Frauds (Real Property Law, § 259) was pleaded as a defense. The papers submitted establish that neither the contract of sale nor any note or memorandum was…