ELSHEIK MOHAMED v. DEFRIN


45 A.D.3d 252 (2007)

844 N.Y.S.2d 265

ELHADI ELSHEIK MOHAMED et al., Appellants, v. LARRY DEFRIN et al., Respondents, and CHRISTOFOROS BLANIS, Appellant, et al., Defendants.

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

Decided November 1, 2007.


Based on a prior order of the same court (Stanley Green, J.), holding that the parties' February 2003 oral agreement was unenforceable pursuant to the statute of frauds, the motion court properly granted defendant Defrin's motion for summary judgment dismissing plaintiff Mohamed's claims and Blanis's cross claims that are based on that agreement. The prior ruling, which was not appealed, was the law of the case and properly adhered to by the motion court (see Martin v...

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