Legal Opinion · Dissent

Atai v. Dogwood Realty of N.Y., Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2005Published

1DissentGoldstein, J.

There are two basic issues in this case, to wit, whether the memorandum contains sufficient information to satisfy the statute of frauds, and whether the memorandum was signed by the party to be charged.

The memorandum dated August 7, 2002, is addressed to the defendant Howard Y. Jang and Young H. Jang stating that the subject property was to be sold to Farideh Atai at a price of $1,800,000, “All Cash” with closing “30-60 Days,” commission of $50,000 to be paid by the seller. The memorandum stated that it was executed “in order to proceed with a contract of sale.” After Howard Jang signed the…

2Cases cited18 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Scheck v. FrancisNew York Court of Appeals · 1970
  3. Bazak International Corp. v. Mast Industries, Inc.New York Court of Appeals · 1989
  4. O'Brien v. WestAppellate Division of the Supreme Court of the State of New York · 1993
  5. Sheehan v. CulottaAppellate Division of the Supreme Court of the State of New York · 1984

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