Justice David Schmidt
The Deptula defendants moved for partial summary judgment dismissing plaintiff’s first and second causes of action for specific performance of an option to purchase real property and of a contract of sale for the property. Defendants owned the property as tenants by the entirety. Plaintiff leased the property. The contract of sale for the property was signed by both defendants, who agreed to convey title to plaintiff. Defendant husband and plaintiff’s president later entered into an addendum for the lease and option to purchase the property. Defendants now argued the purported option to purchase in the addendum was void as it was subscribed to only by husband, and not wife, who claimed she had no knowledge of it. Defendants also argued that while the contract of sale was valid, it was rescinded by mutual agreement, including the return of plaintiff’s down payment. The court denied summary judgment dismissing plaintiff’s first cause of action as questions of fact existed if wife had knowledge of and participated in creating the purported option, thus whether she could be estopped from asserting the statute of frauds as a bar to its validity. Also, as questions existed on the second claim, dismissal was also denied.