2458 Bedford Avenue Realty Corp. v. Bernard

In an action to recover damages allegedly sustained as a result of the breach of a contract to enter into a lease, the defendant moves to dismiss the complaint on the ground that the contract is unenforeible under the provisions of the Statute of Frauds.

The defendant, in an affidavit in support of the instant motion, argues that the contract which bottoms the plaintiff’s cause of action was oral, and, therefore, is unenforeible.

*272The plaintiff, in opposition, argues that while there was an oral contract to enter into a lease for a period of 10 years, there has been sufficient part performance…