Jonestown Place Corp. v. 153 West 33rd Street Corp.
Cases that cite this one
19 later published cases cite this decision.
- Jeremy's Ale House Also, Inc. v. Joselyn Luchnick Irrevocable Trust (Appellate Division of the Supreme Court of New York 2005)
- Van Brunt v. Rauschenberg (District Court, S.D. New York 1992)
- Gray v. Fill (In re Fill) (United States Bankruptcy Court, S.D. New York 1987)
- Schwonke v. Banister (Appellate Division of the Supreme Court of New York 1981)
- Town of Oyster Bay v. Doremus (Appellate Division of the Supreme Court of New York 2012)
- 551 West Chelsea Partners v. 556 Holding (Appellate Division of the Supreme Court of New York 2007)
- 397 West 12th Street Corp. v. Zupa (Appellate Division of the Supreme Court of New York 2005)
- Nicolaides v. Nicolaides (Appellate Division of the Supreme Court of New York 1991)
- Tarrytown House Condominiums, Inc. v. Hainje (Appellate Division of the Supreme Court of New York 1990)
- Gold v.Vitucci (Appellate Division of the Supreme Court of New York 1990)
- Moloney v. Awad (Appellate Division of the Supreme Court of New York 1989)
- Jokay, Inc. v. Lagarenne (Appellate Division of the Supreme Court of New York 1988)
- Fischer v. Trost (Appellate Division of the Supreme Court of New York 1988)
- Lilling v. Slauenwhite (Appellate Division of the Supreme Court of New York 1988)
- Katzeff v. Wroclawski (Appellate Division of the Supreme Court of New York 1985)
- Tender Loving Care Agency, Inc. v. Hladun (Appellate Division of the Supreme Court of New York 1985)
- Papell v. Calogero (Appellate Division of the Supreme Court of New York 1985)
- Bee Jay Industrial Corp. v. Fina (Appellate Division of the Supreme Court of New York 1983)
- Mihalko v. Blood (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
It is axiomatic that an oral agreement for the sale of real property is unenforceable under the Statute of Frauds (General Obligations Law, § 5-703, subd 2). Part performance will render the contract enforceable only where such performance is “unequivocally referable” to the alleged agreement of sale (e.g., Burns v McCormick, 233 NY 230, 232). Inasmuch as the mere purchase of an adjoining parcel of land from a third party is equivocal, it is not sufficient part performance to remove the bar of the statute (cf. Gracie Sq. Realty Corp. v Choice Realty Corp., 305 NY 271, 279-281). Nor in these circumstances may plaintiff rely upon the same alleged performance to create an estoppel and thereby circumvent the part performance rule (see Burns v McCormick, supra, at pp 234-235).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones Wachtler, Fuchsberg and Meyer concur in memorandum.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.