Ordered that the order is modified, on the law, by deleting the provisions thereof granting the motion and directing the Nassau County Clerk to cancel the notice of pendency filed against the property designated on the North Hempstead tax map as Block 376, Section 2, Lots 9, 10, and 12, located in Great Neck and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements, and the Nassau County Clerk is directed to reinstate the notice of pendency.
Pursuant to a written agreement executed by the parties on July 25, 2002 (hereinafter the agreement), the plaintiff agreed to purchase from the defendant certain real property designated on the North Hempstead tax map as Block 376, Section 2, Lots 9, 10, and 12, located in Great Neck. The agreement required
By letter dated September 19, 2002, the plaintiff's attorney requested that the defendant's attorney return his call to schedule a closing date. By letter dated September 25, 2002, the plaintiff's attorney again requested that a closing be scheduled. Subsequently, the plaintiff commenced this action, inter alia, for specific performance of the agreement. The defendant moved, among other things, to dismiss the complaint and the plaintiff cross-moved for summary judgment. The Supreme Court granted the defendant's motion on the ground that the agreement violated the statute of frauds (see General Obligations Law § 5-703 ).
"To satisfy the Statute of Frauds, a writing must identify the parties, describe the subject matter, state all the essential terms of an agreement, and be signed by the party to be charged" (Urgo v. Patel, 297 A.D.2d 376, 377 ). "That the parties anticipated the execution of a more formal contract would not impair the effectiveness of the writing if it, in fact, embodies all of the essential terms of the agreement" (160 Chambers St. Realty Corp. v Register of New York, 226 A.D.2d 606, 607 ).
The agreement identified the parties, described the subject property, stated the time and terms of payment, established the closing date, and was subscribed by the parties to be charged. Accordingly, the agreement satisfied the statute of frauds (see General Obligations Law § 5-703 ; Rahimzadeh v M.A.C. Assoc., 304 A.D.2d 636 ; 160 Chambers St. Realty Corp. v Register of New York, supra; Healy v Gumienny, 142 A.D.2d 629 ; cf., Sabetfard v Smith, 306 A.D.2d 265 ). The matters that were to be included in the supplemental contract were
However, the plaintiff's cross motion for summary judgment was properly denied because the defendant raised triable issues of fact as to whether the plaintiff repudiated the agreement or failed to comply with all of his obligations thereunder (see G.G.F. Props. v Yu Mi Hong, 284 A.D.2d 427 ; Stewart v Sternberg, 137 A.D.2d 592 ).