The Supreme Court, Suffolk County has rejected a plaintiff’s attempt to enforce an alleged oral right of first refusal in Zoullas v. Zoullas, Index No. 36579/2013.
The plaintiff had brought the action to enforce the alleged oral agreement and had filed a “lis pendens” that clouded the title to the property. The defendant moved for summary judgment dismissing the action on the grounds that an oral right of first refusal is unenforceable under New York’s Statute of Frauds. The Hon. Peter H. Mayer held oral argument and issued a decision from the bench granting the defendant’s motion, dismissing the action, and canceling the lis pendens. A copy of the transcript of the decision is available on request.
The plaintiff had brought the action to enforce the alleged oral agreement and had filed a “lis pendens” that clouded the title to the property. The defendant moved for summary judgment dismissing the action on the grounds that an oral right of first refusal is unenforceable under New York’s Statute of Frauds. The Hon. Peter H. Mayer held oral argument and issued a decision from the bench granting the defendant’s motion, dismissing the action, and canceling the lis pendens. A copy of the transcript of the decision is available on request.