Lupoli v. West Hills Neighborhood Associates, Inc.

The plaintiffs allege in their complaint that the defendant West Hills Neighborhood Associates, Inc. (hereinafter West Hills) agreed to convey to the plaintiffs certain real property. Any such contract is enforceable only if an authorized agent of West Hills subscribed a document containing all of the essential terms of the agreement (see, General Obligations Law § 5-703 [2]; Mashomack Fish & Game Preserve Club v Estate of Jackson, 130 AD2d 464, 465; Elghanayan v Forest Hills No. 2 Co., 123 AD2d 417, 418). There are two documents contained in the present record which are subscribed by an…