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ELIZABETH STREET INC. v. 217 ELIZABETH STREET CORP.

276 A.D.2d 295 (2000)

714 N.Y.S.2d 436

ELIZABETH STREET INC., Respondent, v. 217 ELIZABETH STREET CORP. et al., Appellants, et al., Defendant.

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

Decided October 10, 2000.

Although the Statute of Frauds (General Obligations Law § 5-703) is a bar to an action on a contract which requires a writing, such as the contract alleged by plaintiffs for the sale of real property (General Obligations Law § 5-703 [2]), the Statute will not prevent enforcement of an oral contract where there has been part performance "`unequivocally referable'" to the purported agreement and nonenforcement will result in injustice (Club Chain v Christopher...

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