Opinion
May 31, 1996
Appeal from the Supreme Court, Onondaga County, Elliott, J.
Present — Lawton, J.P., Wesley, Callahan, Balio and Davis, JJ.
Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly determined that the telephonic communication of the Receiver informing plaintiff that he accepted plaintiff's written offer to purchase real property resulted in a binding contract for the purchase of that property ( see, Tymon v Linoki, 16 N.Y.2d 293, 298-299, rearg denied 17 N.Y.2d 612; Birch v. McNall, 19 A.D.2d 850). The court, therefore, properly granted plaintiff's motion for summary judgment, directing specific performance of that contract ( see, Matter of Denison, 114 N.Y. 621, 622).