Legal Opinion
Carlton Center, LLC v. Carlton Nursing Home, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 2003PublishedCited by 3 opinions
1Opinion of the Court
—In an action, inter alia, for specific performance of a contract for the sale of real propérty, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Harkavy, J.), dated January 31, 2002, as granted the defendant’s motion pursuant *707to CPLR 3211 to dismiss the complaint on the ground that it is barred by the statute of frauds.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the subject draft agreement was unenforceable under the statute of frauds (see General Obligations Law § 5-703 [2]). Contrary to…
2Cases cited5 opinions
- Bordeau v. OakleyAppellate Division of the Supreme Court of the State of New York · 1992
- Tuttle, Pendelton & Gelston, Inc. v. Dronart Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Papakostas v. HarkinsAppellate Division of the Supreme Court of the State of New York · 1990
- H. Rothvoss & Sons, Inc. v. NeerAppellate Division of the Supreme Court of the State of New York · 1988
- F.B. Transit Road Corp. v. DRT Constructon Co.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by3 opinions
- Sparks Associates, LLC v. North Hills Holding Co. II, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Tikvah Realty, LLC v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2007
- Liere v. Wide Awake Farms, LLCAppellate Division of the Supreme Court of the State of New York · 2005