Rubin v. Inwood Motors, Inc.

Defendant moves for summary judgment and for an order dismissing the complaint for legal insufficiency.

The action is to recover $500 damages for breach of an alleged contract to sell an automobile. The sale price exceeds $50 and compliance with section 85 of the Personal Property Law is required. The note or memorandum relied upon to satisfy the requirements of the Statute of Frauds is as follows:

“ We will give you $950.00 for this 46 Packard on a New ’53 Ford. This is no joke — you can hold us to it! We have these cars for immediate delivery on our showroom floor. *639This offer good for 48…