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VISTA DEVELOPERS CORP. v. VFP REALTY LLC

17 Misc.3d 914 (2007)

847 N.Y.S.2d 416

VISTA DEVELOPERS CORP., Plaintiff, v. VFP REALTY LLC et al., Defendants.

Supreme Court, Queens County.

October 8, 2007.

Attorney(s) appearing for the Case

Capuder Fazio Giacoia, LLP, New York City (Joseph Giacoia of counsel), for defendants.

Phillips Nizer, LLP, New York City (Jon Schulyer Brooks of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH P. DORSA, J.

By notice of motion, defendants seek an order of the court, pursuant to CPLR 3211 (a) (5), dismissing the complaint and cancelling the notices of pendency on the grounds that the action may not be maintained because of the statute of frauds.

Plaintiff files an affidavit in opposition and defendants reply. Plaintiff files a surreply.

The underlying action...

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