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Ross v. Wu

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 2006
27 A.D.3d 237 (N.Y. App. Div. 2006)

Opinion

8015.

March 7, 2006.

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered May 4, 2004, dismissing the complaint after a nonjury trial, unanimously affirmed, with costs.

Joseph C. Andruzzi, Plainview, for appellant.

Robert M. Kerrigan, New York, for respondent.

Before: Friedman, J.P., Nardelli, Williams and Sweeny, JJ., concur.


The binder for the $800,000 all-cash sale of defendant Sam Wu's building was not a sufficient memorandum under the statute of frauds (General Obligations Law § 5-703; see RAJ Acquisition Corp. v. Atamanuk, 272 AD2d 164) in that it failed to identify the corporate seller ( see Bhutta Realty Corp. v. Sangetti, 165 AD2d 852). Atai v. Dogwood Realty of N.Y., Inc. ( 24 AD3d 695) and Kursh v. Verderame ( 87 AD2d 803, lv denied 57 NY2d 608), upon which plaintiff relies, are factually distinguishable. In addition, the further negotiations and exchange of drafts here showed that there was never a meeting of the minds on all essential terms ( see e.g. Yenom Corp. v. 155 Wooster St. Inc., 23 AD3d 259; Frankel v. Ford Leasing Dev. Co., 7 AD3d 757).

In view of the foregoing, it is unnecessary to address plaintiff's other contentions.


Summaries of

Ross v. Wu

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 2006
27 A.D.3d 237 (N.Y. App. Div. 2006)
Case details for

Ross v. Wu

Case Details

Full title:DEAN ROSS, Appellant, v. SAM WU et al., Defendants, and K.Y.W. ENTERPRISE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 7, 2006

Citations

27 A.D.3d 237 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1549
811 N.Y.S.2d 26

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