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SOUTH LIBERTY REALTY CORPORATION v. MERCURY

292 A.D.2d 516 (2002)

739 N.Y.S.2d 579

SOUTH LIBERTY REALTY CORPORATION, Respondent, v. GARY MERCURY et al., Appellants.

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

Decided March 18, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiff's motion for leave to reargue (cf., Foley v Roche, 68 A.D.2d 558, 567-568; CPLR 2221).

We agree that the plaintiff is not barred by the statute of frauds from proving an oral modification to the parties' purchase agreement by operation of, inter alia, the doctrine...

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