HAYBYRNE v. DUGAN (1999)

Supreme Court, Appellate Division, First Department, New York.

James B. HAYBYRNE, Plaintiff-Respondent, v. Dennis J. DUGAN, Defendant-Appellant.

Decided: February 04, 1999

SULLIVAN, J.P., ROSENBERGER, NARDELLI and SAXE, JJ.

Neil P. Forrest, for Plaintiff-Respondent. Robert F. Brodegaard, for Defendant-Appellant.

Order, Supreme Court, New York County (Paula Omansky, J.), entered September 15, 1998, which, in an action for specific performance of an oral agreement to jointly own certain real property and for the imposition of a constructive trust on that property, insofar as appealed from, denied defendant's motion to dismiss the complaint as barred by the Statute of Frauds and for failure to state a cause of action, unanimously affirmed, with costs.

The challenged causes of action are sufficiently supported by the parties' conduct, including, in particular, plaintiff's contribution of money toward the purchase of the subject property and defendant's signing of plaintiff's name to the contract of sale for the property under a power of attorney (see, General Obligations Law § 5-703[4]; Gier v. Bissell, 188 A.D.2d 1040, 592 N.Y.S.2d 198; Maynor v. Pelligrino, 226 A.D.2d 883, 885, 641 N.Y.S.2d 155).

MEMORANDUM DECISION.

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