Casolo v. Nardella

Plaintiff has moved for an order striking out defendants’ answer and for interlocutory judgment of partition and sale, on the ground that the answer presents no triable issue *379of fact or law and that the alleged agreements set forth in defendants’ separate defenses are void and unenforcible under the Statute of Frauds.

In substance, the defenses attacked allege an oral agreement between plaintiff and defendants prior to the taking of the deed of the premises sought to be partitioned providing that they purchase the lot here involved as tenants in common, build a summer camp thereon for…