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ROBERTS v. KARIMI

No. 97-CV-4756 (ADS).

79 F.Supp.2d 174 (1999)

Todd M. ROBERTS, Plaintiff, v. Dr. Mahmood KARIMI and Johanna Karimi, Defendants.

United States District Court, E.D. New York.

December 22, 1999.

Attorney(s) appearing for the Case

Roberts, Sheridan & Kotel, New York City, Michael J. Lane, Gabriel Nugent, of counsel, for Plaintiff.

Silver, Forrester, Schisano, Lesser & Tamsen, New Windsor, NY, Barry B. Silver, Sarah Dreyer, of counsel, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Can an affidavit, given by a defendant in a unrelated lawsuit some 16 months after the defendant has allegedly made an oral contract, constitute a "writing" sufficient to remove that oral contract from the Statute of Frauds? This Court finds that it can.

This breach of contract case concerns an aborted sale by Defendants to the Plaintiff of their house in East Quogue, N.Y. Presently before the...

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