Opinion
May 11, 1999
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
The lease extension agreement drafted by defendant that plaintiff seeks to enforce is void under the Statute of Frauds because it was never signed by defendant (General Obligations Law § 5-703; see, American Bartenders School v. 105 Madison Co., 91 A.D.2d 901, affd 59 N.Y.2d 716), and unenforceable under articles 20 and 69 of the original lease barring executory modifications unless in writing and signed by the party to be charged (General Obligations Law § 15-301). The May 5, 1998 letter from defendant's counsel threatening withdrawal of defendant's "offer" of a "lease extension on the terms set forth in the draft Lease Extension Agreement" unless plaintiff promptly signed such draft does not negate the requirement that any agreement be signed by the party to be charged.
Concur — Sullivan, J. P., Nardelli, Williams and Andrias, JJ.