PIAZZA v. SUTHERLAND


53 Misc.2d 726 (1967)

Nicholas Piazza, Plaintiff, v. John A. Sutherland, Sr., et al., Defendants.

Supreme Court, Special Term, Suffolk County.

April 21, 1967


Attorney(s) appearing for the Case

Sarulla & Polinsky (George W. Herz of counsel), for plaintiff. Smith, Tasker, Finkelstein & Lundberg for defendants.


JACK STANISLAW, J.

On February 13, 1963 the parties put their names to a document upon which Piazza, the plaintiff bases this action for specific performance. Sutherland and D'Elia, the defendants, insist that the document is not sufficient to withstand their defense based upon the Statute of Frauds (General Obligations Law, § 5-703). Trial proceeded before the court and the following represents our decision pursuant to CPLR 4213.

The cause...

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