172 N.E. 260 | NY | 1930
A contract for the sale of real estate, to be enforceable, whether by the buyer or the seller, must be expressed in a memorandum in writing, subscribed by the grantor or his agent and assented to by the grantee. (Real Property Law [Cons. Laws, ch. 50], § 259; 300 West End Ave. Corp. v. Warner,
The judgment of the Appellate Division and that of the Special Term should be reversed and the complaint dismissed, with costs in all the courts.
CARDOZO, Ch. J., POUND, CRANE, KELLOGG, O'BRIEN and HUBBS, JJ., concur; LEHMAN, J., not sitting.
Judgments reversed, etc.