Gabesons Realty Co. v. Natelson

The opinion of the court was delivered by

FURMAN, P.J.A.D.

Plaintiff as prospective buyer appeals from summary judgment in favor of defendants in an action for specific performance of a contract between the parties for the sale of commer*686cial property in Elizabeth. We are constrained to reverse and remand.

In granting summary judgment the trial judge applied the bar of the Statute of Frauds, N.J.S.A. 25:1-5, as a matter of law. N.J.S.A. 25:1-5 provides in pertinent part:

No action shall be brought upon any of the following agreements or promises, unless the agreement or promise, upon which such…