Karnal v. Horovitz

The written memorandum sufficiently identifies defendant Horovitz as vendor (cf. Lerand Corporation v. Meltzer, 267 N. Y. 343; Irvmor Corp. v. Rodewald, 253 N. Y. 472) to satisfy the requirements of the Statute of Frauds (Real Property Law, § 259). It is open to plaintiff under the cases cited to plead that Horovitz acted for the corporate defendant, 49 West 72nd Street Corp., as undisclosed principal, without specifying whether the agency was in writing. The corporate defendant is not entitled to a dismissal of the complaint on motion based on affidavits on the theory that Horovitz was not…