NESBITT v. PENALVER


40 A.D.3d 596 (2007)

835 N.Y.S.2d 426

JOSHUA NESBITT, Appellant, v. JEAN PENALVER, Respondent.

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

Decided May 1, 2007.


Ordered that the orders are affirmed, with one bill of costs.

Contrary to the plaintiff's contention, the writings relied upon by him to establish an alleged agreement between the parties were insufficient to satisfy the statute of frauds (see General Obligations Law § 5-703 [2]). Specifically, the plaintiff relies upon three letters. First, by letter dated February 6, 2004, the defendant's attorney advised the plaintiff, in relevant part, as follows:...

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