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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46952 Judge Hackeling PETITIONER OWNED adjoining properties. His nephew requested occupancy of one parcel – which had fallen into disrepair – by his son, petitioner’s grandnephew, for petitioner’s lifetime on the condition that the grandnephew make the property habitable and pay real estate taxes and insurance expenses. Respondent grandnephew took possession of the property, changed its locks and expended $17,589 in making it habitable to his liking. Petitioner died during the pendency of a continuance in his holdover action against his grandnephew. Granting possession to petitioner’s estate, the court held that the Statute of Frauds barred the grandnephew’s claim of a lifetime lease. In addition to ruling that the grandnephew’s payment of rent, taking of possession and making of improvements were insufficient to constitute partial performance, the court dismissed his counterclaim in quantum meruit for recoupment of improvement costs, finding that petitioner learned of the improvements after the fact.

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