LASHWAY v. SORELL


51 A.D.2d 97 (1976)

Leonard Lashway, Respondent, v. Richard Sorell, Appellant

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

February 26, 1976


Attorney(s) appearing for the Case

Carey & LaRocque (Thomas C. LaRocque of counsel), for appellant.

Fitzpatrick, Bennett & Trombley (Lawrence B. Lennon of counsel), for respondent.

KANE, LARKIN and REYNOLDS, JJ., concur with SWEENEY, J.; GREENBLOTT, J. P., dissents and votes to reverse in an opinion.


SWEENEY, J.

Plaintiff brought this action for specific performance of a land sale contract, alleging that he timely exercised an "option for property" obtained from defendant for a consideration of $200. Defendant moved to dismiss the complaint on the ground it does not state a cause of action and further, any such action is barred by the Statute of Frauds. Special Term, treating the motion as one for summary judgment pursuant to CPLR 3211 (subd. [c]...

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