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EDELSTEIN v. HACKER

2 A.D.2d 859 (1956)

Philip Edelstein, Respondent, v. Joshua Hacker et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 22, 1956

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

In our opinion, the only cause of action pleaded is based on an alleged breach of an oral agreement to lease a gasoline service station to respondent for a period of 21 years. That agreement is unenforcible under the Statute of Frauds, and, under the facts as pleaded, no right to a recovery is alleged. (Cf. Dung v. Parker, 52 N.Y. 494; Redlark Realty Corp. v. Minkin

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