Justice Debra Silber
Driggs 808 LLC moved for summary judgment dismissing Chan’s complaint alleging a failure to state a cause of action. Sole owner of Toshi Inc., Chan, subleased the property from Driggs in 2010 until 2024, and in a written guaranty personally guaranteed “full and prompt payment” of rental obligations under the sublease. Chan alleged Driggs granted Chan a written option to purchase the property for $16 million, yet Driggs would not confirm the validity of the option when Chan sought to exercise the option in 2012. Chan sought a declaratory judgment adjudging the option to be valid and enforceable, and for specific performance. The copy Chan produced during discovery of the option was a one-page handwritten document. The court stated the option, if it was proven to have been signed by Strulovitch, contained all the necessary terms to constitute an enforceable option, satisfying the statute of frauds. It noted parol evidence to clarify the date of execution was permissible. Yet, the court found the parties’ motion papers raised factual issues precluding summary judgment, including whether Strulovitch had actual or apparent authority to execute the option on Driggs’ behalf, and if he actually executed the option or it was a forgery.
