Congdon v. Everett

Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered January 22, 2008. The order, inter alia, denied that part of defendants’ motion to dismiss the claim seeking to enforce an alleged oral agreement.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the claim seeking to enforce an alleged oral agreement and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to enforce an alleged oral agreement to sell real property and…