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FELLI v. CRAFT

21 Misc.2d 883 (1959)

Thomas Felli et al., Plaintiffs, v. Charles O. Craft et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 22, 1959.

Attorney(s) appearing for the Case

John G. Tarrant for defendants.

Stein & Norwick for plaintiffs.

FRANK A. GULOTTA, J.

This is a motion to dismiss the complaint herein pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice, to wit: that the agreement on which it is based, is unenforcible under the Statute of Frauds. The particular Statute of Frauds applicable is section 259 of the Real Property Law providing in substance, that a contract to sell real property must express the consideration...

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