Sonders v. Roosevelt

I dissent in part and would modify the judgment of Special Term to the extent of reinstating plaintiff-appellant Senders’ third cause of action seeking specific performance of a contract to purchase an automobile for her, and otherwise affirm. 11 The purpose of section 5-701 of the General Obligations Law, the Statute of Frauds provision, is “to prevent the perpetration of fraud by assertion of claims not evidenced by a written agreement or by a note or memorandum containing essential terms of the contract between the parties”. (DFI Communications v Greenberg, 51 AD2d 403, 405, citing Cohon &…