Miguel Martin v. Down Neck Associates, LLC

Jun 30, 2016

OUTCOME: Court found in favor of the Defendant and dismissed the case on a motion to dismiss pursuant to R. 4:6-2(e).

Plaintiff brought action against Defendant, who was represented by my firm, seeking to enforce an alleged Oral Agreement to purchase the Defendant's Newark property. Plaintiff felt that this case was a ... n exception to the Statute of Frauds requiring that Real Estate Contracts be in writing. Plaintiff alleged that they could prove by clear and convincing evidence that there existed an enforceable real estate contract based on telephone conversations between the parties' respective attorneys.