Massey v. Byrne

*533Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered January 18, 2013, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the first, second, third and fourth causes of action, unanimously modified, on the law, to grant the motion as to the third and fourth causes of action, and otherwise affirmed, without costs.

The fourth cause of action, which alleges breach of contract, is barred by the statute of frauds. It is undisputed that no agreement exists in writing, signed by defendant Byrne, to convey half of the interest in the…