Order reversed, without costs, and motion granted; complaint dismissed and lis pendens directed to be cancelled of record.
The Statute of Frauds (Real Property Law, § 259) was pleaded as a defense. The papers submitted establish that neither the contract of sale nor any note or memorandum was subscribed by the defendant vendors or by their lawful agent thereunto authorized by any writing. The complaint therefore must be dismissed (Mondrus v. Salt Haven...
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