CLARK CONSTRUCTION CORPORATION v. BLF REALTY HOLDING CORP.


300 A.D.2d 49 (2002)

751 N.Y.S.2d 19

CLARK CONSTRUCTION CORPORATION, Respondent, v. BLF REALTY HOLDING CORP. et al., Appellants.

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

Decided December 5, 2002.


Plaintiff's assertions that defendants retained a lawyer, architect and real estate broker to prepare the alleged condominium conversion, and that plaintiff paid defendants a $200,000 down payment against the purchase of its unit for $1,344,000, are adequate to show, absent any rebuttal from defendants by an individual with personal knowledge of the alleged retainers and payment, partial performance of the alleged oral agreement sufficient to take it out of the statute of...

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