Levy v. Hinrichsen

The defendants move for an order dismissing the complaint, pursuant to subdivision 8 of rule 107 of the Buies of Civil Practice, on the ground that the agreement alleged therein is unenforcible under the Statute of Frauds, and, pursuant to subdivision 5 of rule 106 of the Buies of Civil Practice, on the ground that the complaint is legally insufficient.

The action is brought “ to specifically perform ” an agreement whereby on September 3, 1945, “ the defendants contracted and agreed to lease to the plaintiff ” certain premises, and “ to execute and deliver to him a written lease thereof for…