Daly v. Sobieski

Defendants move for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice. The complaint sounds in equity and seeks specific performance of an alleged oral agreement to lease for a period of two years, with an option for a renewal for two more years. The answer pleads a general denial and sets up the defense of the Statute of Frauds urging that the complaint and the bill of particulars which upon a motion of this nature may be considered together (Butler v. Lincoln Hospital & Home, 155 N. Y. Supp. 1001), indicate that the contract to lease was for more than a year and…