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RAMOS v. LIDO HOME SALES CORP.

148 A.D.2d 598 (1989)

Mauricio C. Ramos, Appellant, v. Lido Home Sales Corp., Respondent

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

March 20, 1989

Ordered that the order is affirmed, with costs.

Contrary to the appellant's contentions, the court properly dismissed his complaint as the binder agreement did not satisfy the Statute of Frauds (General Obligations Law § 5-703 [2]). Generally, a binder agreement can be enforced as a contract where it identifies the parties, describes the subject property, recites the essential terms and is signed by the party to be charged (see, Birnhak v Vaccaro

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