The motion court erred in holding the contract between plaintiff and defendant Rela Realty Corp. invalid on the ground, urged by defendant 13-14 Realty Corp., that it was not signed by Rela's principal, Rela Hammerman, the party to be charged (see, General Obligations Law § 5-703 [1]). Not being a party to the contract, defendant 13-14 Realty cannot assert the defense of the statute of frauds (Stitt v Ward, 142 App Div 626, 630). Even if Rela Realty had...
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