Booth v. Battista

Defendants in one notice of motion move for three-fold relief (1) to dismiss each of the three causes of action for legal insufficiency, (2) for judgment dismissing the *825complaint on the ground that the contract upon which the cause of action is founded is unenforcible by reason of the Statute of Frauds, and (3) for an order requiring the plaintiff to bring in certain additional parties defendant to this action.

This action is brought by the plaintiff as executor to recover a parcel of real property and for an accounting. The complaint alleges that there was a purported conveyance of property,…