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BENEDICT REALTY CO. v. CITY OF NEW YORK

45 A.D.3d 713 (2007)

846 N.Y.S.2d 294

BENEDICT REALTY CO., Now Known as BENEDICT RICHMOND LLC, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided November 20, 2007.

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

The defendant made a prima facie showing of entitlement to judgment as a matter of law with respect to the breach of contract cause of action based on the statute of frauds. The writing the plaintiff relied on was a mere agreement to agree, which is unenforceable under the statute of frauds (see General Obligations Law § 5-703 [2]; Williamsburg...

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