Papp v. Gentile

Appellate Division of the Supreme Court of New York

Papp v. Gentile

149 A.D.2d 493, 539 N.Y.S.2d 801, 1989 N.Y. App. Div. LEXIS 4631

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

DecidedApril 10, 1989

StatusPublished

This text of 149 A.D.2d 493 (Papp v. Gentile) 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

Papp v. Gentile, 149 A.D.2d 493, 539 N.Y.S.2d 801, 1989 N.Y. App. Div. LEXIS 4631 (N.Y. Ct. App. 1989).

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Opinion

—In In an action for specific performance of a contract for the sale of real property, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered May 17, 1988, which, upon an order granting the defendant’s motion pursuant to CPLR 4401, made at the close of the plaintiff’s case, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The proof adduced by plaintiff established that the writing on which he premises this litigation (see, General Obligations Law § 5-703 [2]) was intended by the parties to be evidence only of the plaintiff’s payment of a $2,000 deposit, which was subsequently returned to him, and that the parties anticipated further negotiations regarding the purchase of the property. The plaintiff thus failed to establish the existence of an enforceable contract in that the writing did not satisfy the Statute of Frauds (see, Willmott v Giarraputo, 5 NY2d 250, 254; Jaffer v Miles, 134 AD2d 572; Sheehan v Culotta, 99 AD2d 544).

We have examined the plaintiff’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, Brown and Harwood, JJ., concur.

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—In In an action for specific performance of a contract for the sale of real property, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered May 17, 1988, which, upon an order granting the defendant’s motion pursuant to CPLR 4401, made at the close of the plaintiff’s case, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The proof adduced by plaintiff established that the writing on which he premises this litigation (see, General Obligations Law § 5-703 [2]) was intended by the parties to be evidence only of the plaintiff’s payment of a $2,000 deposit, which was subsequently returned to him, and that the parties anticipated further negotiations regarding the purchase of the property. The plaintiff thus failed to establish the existence of an enforceable contract in that the writing did not satisfy the Statute of Frauds (see, Willmott v Giarraputo, 5 NY2d 250, 254; Jaffer v Miles, 134 AD2d 572; Sheehan v Culotta, 99 AD2d 544).

We have examined the plaintiff’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, Brown and Harwood, JJ., concur.

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Bluebook (online)

149 A.D.2d 493, 539 N.Y.S.2d 801, 1989 N.Y. App. Div. LEXIS 4631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/papp-v-gentile-nyappdiv-1989.

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