MAGNUM REAL ESTATE SERVICES, INC. v. 133-134-135 ASSOCIATES, LLC


59 A.D.3d 362 (2009)

___ N.Y.S.2d ___

MAGNUM REAL ESTATE SERVICES, INC., Respondent, v. 133-134-135 ASSOCIATES, LLC, et al., Appellants.

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

Decided February 26, 2009.


Plaintiff's claim of a 25% ownership interest in real property allegedly conveyed, not by or on behalf of a partnership that already existed between the parties, but by or on behalf of an entity created by defendants in which plaintiff had no interest, must be in writing or it is barred by the statute of frauds (see Gora v Drizin, 300 A.D.2d 139 [2002]; General Obligations Law § 5-703 [3]). Here, there is no evidence that such...

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