288 St. Nick, L. L. C. v. 288 Kiseki Realty, Inc.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered August 18, 2000, which, to the extent appealed from, denied defendant’s motion to dismiss the complaint as barred by the Statute of Frauds, unanimously reversed, on the law, with costs, defendant’s motion granted, the complaint dismissed and defendant directed *358to return plaintiffs down payment. The Clerk is directed to enter judgment accordingly.

The motion to dismiss the complaint seeking specific performance and damages should have been granted. Despite the status of the defendant corporation’s principal as sole owner,…