Klumpp v. Schirer

The defendant moves for an order pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings and dismissing the complaint on the ground that it fails to state facts sufficient to constitute a cause of action in that the complaint is based upon an oral agreement unenforcible under the Statute of Frauds, and granting judgment in favor of the defendant.

The plaintiffs’ complaint alleges a desire on their part to purchase real property on a water front to afford access to the Long Island Sound and to protect their view. The defendant, a neighboring property owner, had a…