READ v. HENZEL


67 A.D.2d 186 (1979)

John B. Read et al., Appellants, v. Sophie Henzel, Respondent

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

April 6, 1979


Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher (Evalyn Basloe and Joseph S. Basloe of counsel), for appellants.

Francis T. Cuda for respondent.

DILLON, P. J., HANCOCK, JR., CALLAHAN and MOULE, JJ., concur.


SIMONS, J.

The action is for $15,000,000 in damages allegedly resulting from defendant's failure to sell her real estate, now sold to another, to plaintiffs. Special Term dismissed the complaint, holding that enforcement of the agreement to sell was barred by the Statute of Frauds.

In 1974 defendant and her husband (now deceased) owned property in Colonie, New York, as tenants by the entirety. Plaintiff...

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