Opinion
February 23, 1987
Appeal from the Supreme Court, Kings County (Jordan, J.).
Ordered that the order is affirmed, with costs.
The subject memorandum fails to satisfy a requirement of the Statute of Frauds (General Obligations Law § 5-703) in that it fails to name or designate the buyer (see, Irvmor Corp. v Rodewald, 253 N.Y. 472; Villano v. G C Homes, 46 A.D.2d 907, appeal dismissed 36 N.Y.2d 918, appeal dismissed 40 N.Y.2d 959; Big City Realty Co. v. 896 Realty, 9 A.D.2d 660, affd 7 N.Y.2d 960). The memorandum's failure to identify both parties to the transaction is not cured by reading with it a check drawn by the plaintiff and his wife, which check does not indicate who is the purchaser (cf., Dawson v. Margolies, 126 Misc. 39, affd 218 App. Div. 755). Thompson, J.P., Lawrence, Kunzeman and Sullivan, JJ., concur.