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42ND AVENUE COMMONS, LLC v. BARRACUDA, LLC

2014-04885, Index No. 704271/13.

140 A.D.3d 1012 (2016)

35 N.Y.S.3d 366

2016 NY Slip Op 04906

42ND AVENUE COMMONS, LLC, Appellant, v. BARRACUDA, LLC, Respondent.

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

Decided June 22, 2016.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion pursuant to CPLR 3211(a)(1) and (5) to dismiss the complaint and to cancel a notice of pendency filed against the subject real property. General Obligations Law § 5-703(2) specifically provides that "[a] contract ... for the sale, of any real property... is void unless the contract or some note or memorandum thereof, expressing the consideration, is in writing...

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