Droesch Homes, Inc. v. Pietros

In an action for the specific performance of an agreement in writing affecting real estate situated in the county of Nassau, the defendants move (1) pursuant to subdivision 8 of rule 107 of the Rules of Civil Practice to dismiss the amended complaint on the ground that the written instrument upon which the action is predicated is unenforcible under the provisions of the Statute of Frauds [Real Property Law, § 259] and (2) pursuant to rule 103 of the Rules of Civil Practice to strike out paragraphs “ 7 ”, “ 8 ” and “ 9 ” of *716said amended complaint on the ground that the allegations, thereof are…