Spirt v. Spirt
Court: Appellate Division of the Supreme Court of the State of New York; November 27, 1994; New York; State Appellate Court
In this case, the plaintiff seeks specific performance of an alleged oral agreement with the defendant regarding a life estate in an addition constructed on the defendant’s property. The Supreme Court of Nassau County granted a preliminary injunction preventing the defendant from interfering with the plaintiff's and his wife's residency in the addition. The plaintiff invested approximately $150,000 in the construction based on the purported agreement. The defendant removed the plaintiff and his wife from the premises and placed them in a nursing home against their will. The court found that the memorandum attached to a special use application to the Zoning Board did not constitute a conveyance of an interest in real property, as it lacked clear intent and operative words indicating a transfer of property rights. Furthermore, the memorandum was deemed insufficient as a contract under the Statute of Frauds due to the absence of essential terms, including consideration. Although parol evidence cannot supplement this insufficient writing, an exception exists for situations of part performance that can be linked unequivocally to an oral agreement. The plaintiff presented sufficient evidence suggesting that his actions and the investment made were referable to the alleged oral agreement. Additionally, the plaintiff raised a viable claim for a constructive trust on the premises. The Supreme Court's decision to grant the preliminary injunction was upheld as the plaintiff demonstrated a likelihood of success on the merits, potential for irreparable harm without the injunction, and a favorable balance of equities. The defendant's other arguments were found to lack merit. The order is affirmed with costs.