Kniffen v. Kniffen

Appellate Division of the Supreme Court of New York

Kniffen v. Kniffen

223 A.D.2d 686, 637 N.Y.S.2d 453, 1996 N.Y. App. Div. LEXIS 658

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 1996

StatusPublished

Cited by4 cases

This text of 223 A.D.2d 686 (Kniffen v. Kniffen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kniffen v. Kniffen, 223 A.D.2d 686, 637 N.Y.S.2d 453, 1996 N.Y. App. Div. LEXIS 658 (N.Y. Ct. App. 1996).

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Opinion

In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated May 12, 1994, as, upon granting his motion for reargument, adhered to its prior determination granting summary judgment in favor of the defendants.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiff’s contention, the Supreme Court properly granted summary judgment in favor of the defendants. The alleged contract was for the purchase of an interest in real property and the writings of the parties did not sufficiently meet the requirements of the Statute of Frauds (see, General Obligations Law § 5-703; Rouzani v Rapp, 203 AD2d 446). Further, it is clear from the writings that the parties did not intend to be bound until a formal contract was executed (see, Rouzani v Rapp, supra; Tebbutt v Niagara Mohawk Power Corp., 124 AD2d 266).

We have examined the plaintiff’s remaining contentions and find them to be without merit. O’Brien, J. P., Sullivan, Copertino and Joy, JJ., concur.

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In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated May 12, 1994, as, upon granting his motion for reargument, adhered to its prior determination granting summary judgment in favor of the defendants.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiff’s contention, the Supreme Court properly granted summary judgment in favor of the defendants. The alleged contract was for the purchase of an interest in real property and the writings of the parties did not sufficiently meet the requirements of the Statute of Frauds (see, General Obligations Law § 5-703; Rouzani v Rapp, 203 AD2d 446). Further, it is clear from the writings that the parties did not intend to be bound until a formal contract was executed (see, Rouzani v Rapp, supra; Tebbutt v Niagara Mohawk Power Corp., 124 AD2d 266).

We have examined the plaintiff’s remaining contentions and find them to be without merit. O’Brien, J. P., Sullivan, Copertino and Joy, JJ., concur.

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Bluebook (online)

223 A.D.2d 686, 637 N.Y.S.2d 453, 1996 N.Y. App. Div. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kniffen-v-kniffen-nyappdiv-1996.

Opinion

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