Wolff v. 969 Park Corp.

defendant’s cross motion for judgment under CPLR 3211 (subd [a], par 5) on the ground of the Statute of Frauds, and would declare that plaintiffs do not have a valid lease for any period in excess of one year. Plaintiffs claim an oral five-year lease of an apartment. Such a lease being “for a longer period than one year” is of course required to be in writing. (General Obligations Law, § 5-703, subd 2.) Concededly, there was no writing. Plaintiffs contend there was such part performance on their part as to take the case out of the Statute of Frauds. But to have this effect with respect to the…