Christou v. Christou

— Order entered May 15, 1984 reversed, on the law, without costs, and defendant George Christou’s motion granted. Appeal from order entered September 11, 1984 dismissed as moot. Memorandum: Special Term erred in refusing to grant defendant’s motion for summary judgment. Plaintiff’s action to enforce an oral contract to convey real property is barred by the Statute of Frauds (General Obligations Law § 5-703 [3]). Nor were there sufficient facts to come within the exception permitting enforcement of the agreement where there has been part performance (General Obligations Law § 5-703 [4]).…