Legal Opinion

Roberts v. Karimi

District Court, E.D. New York

Decided December 22, 1999No. 97-CV-4756 (ADS)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Can an affidavit, given by a defendant in a unrelated lawsuit some 16 months after the defendant has allegedly made an oral contract, constitute a “writing” sufficient to remove that oral contract from the Statute of Frauds? This Court finds that it can.

This breach of contract case concerns an aborted sale by Defendants to the Plaintiff of their house in East Quogue, N.Y. Presently before the Court are cross-motions by both parties for partial summary judgment with regard to the sufficiency of the alleged contract of sale. The Court is…

2Cases cited27 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Cruz v. Local Union No. 3 of International Brotherhood of Electrical WorkersCourt of Appeals for the Second Circuit · 1994
  4. Mary C. Quaratino v. Tiffany & Co., Michael Eiring, and David WrightCourt of Appeals for the Second Circuit · 1995
  5. Twin Laboratories, Inc. v. Weider Health & Fitness, a Corporation, I, Brute Enterprises, Inc.Court of Appeals for the Second Circuit · 1990

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3Cited by3 opinions

  1. Todd M. Roberts, Plaintiff-Appellee-Cross-Appellant v. Mahmood Karimi and Johanna Karimi, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 2001
  2. Roberts v. KarimiDistrict Court, E.D. New York · 2002
  3. Stonewall of Woodstock Corp. and Accordion, LLC v. Stardust 11TS, LLC and Oliver Block, LLCSupreme Court of Vermont · 2018

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