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TR-One, Inc. v. Lazz Development Co.

New York Supreme Court, Appellate Division
945 N.Y.S.2d 416 (2012)


Facts

TR-One, Inc. (seller) (plaintiff) sued Lazz Development Company and Louis Larizza (buyers) (defendants) for breaching a contract that gave the buyers an option to purchase 48 acres of vacant land. The contract specified the property's street address and the purchase price. In addition, the contract provided that the buyers would pay for, review, and approve a survey to determine the property's exact size and location, and that the parties would add the survey as an exhibit to the anticipated contract of sale. At trial, the buyers showed that on its face, the contract's description of the property was too vague to satisfy New York's version of the statute of frauds. The court granted summary judgment for the buyers and dismissed the case. The seller appealed to the state's appellate court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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