Legal Opinion

Anostario v. Vicinanzo

New York Court of Appeals

Decided April 28, 1983PublishedCited by 158 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court, Montgomery County, dismissing the complaint on the merits should be reinstated.

Plaintiff seeks to enforce an alleged oral agreement, which has, as its object, the purchase of real property. We agree with the determinations below that the contract is subject to the Statute of Frauds (General Obligations Law, § 5-703, subd 1) which has not been complied with, inasmuch as the writings offered by plaintiff do not sufficiently spell out the terms of the alleged…

2Cases cited5 opinions

  1. Burns v. . McCormickNew York Court of Appeals · 1922
  2. Gracie Square Realty Corp. v. Choice Realty Corp.New York Court of Appeals · 1953
  3. Cooper v. SchubeAppellate Division of the Supreme Court of the State of New York · 1982
  4. Cooper v. SchubeNew York Court of Appeals · 1982
  5. Anostario v. VicinanzoAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by158 opinions

  1. Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
  2. Merrill Lynch Interfunding, Inc. v. Patrick Argenti and Jean Argenti, Defendants-Counter-Claimants-AppelleesCourt of Appeals for the Second Circuit · 1998
  3. Nelson v. ElwaySupreme Court of Colorado · 1995
  4. Trumpet Vine Investments, N v. v. Union Capital Partners I, Inc.Court of Appeals for the Eleventh Circuit · 1996
  5. Songbird Jet Ltd., Inc. v. Amax Inc.District Court, S.D. New York · 1984

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