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MATTER OF PITERNIAK

51 A.D.3d 931 (2008)

856 N.Y.S.2d 878

In the Matter of the Estate of ELLEN PITERNIAK, Deceased. ROBERT J. PITERNIAK et al., Appellants; ELLEN CINQUE, Respondent.

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

Decided May 20, 2008.

Ordered that the order is affirmed, with costs.

The writings relied upon by the petitioners to establish the alleged agreement among the parties were insufficient to satisfy the statute of frauds, as they left for future negotiations certain essential terms of the contemplated contract and were subject to the execution of a more formal contract of sale (see Nesbitt v Penalver, 40 A.D.3d 596, 597-599 [2007]; Sabetfard v...

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