Tringle v. Tringle

Order, Supreme Court, New York County (Debra A. James, J.), entered September 1, 2006, which, in an action for specific performance of an oral contract to convey a cooperative apartment, after a nonjury trial, dismissed the complaint, unanimously affirmed, without costs.

Plaintiffs claim that he paid defendant $20,000 in part performance of defendant’s oral agreement to sell him the subject apartment for $40,000 was properly rejected on a finding that the parties never reached a meeting of the minds as to when and how the $40,000 was to paid (see MacKenzie v MacKenzie, 13 AD3d 1010 [2004]).…