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332 N.J. Super. 292

753 A.2d 715

Prant v. Sterling

Richard H. PRANT and Heather G. Prant, Plaintiffs-Appellants, v. Paul STERLING and Fleet Bank, N.A., Defendants-Respondents.

New Jersey Superior Court Appellate Division

Argued April 12, 2000.

Decided June 20, 2000.

New Jersey Superior Court Appellate Division · decided 2000-06-20

Cited by 8 later decisions — most recently September 2015

8 state decisions

Key passage — most relied on by later courts

“An agreement to transfer an interest in real estate or to hold an interest in real estate for the benefit of another shall not be enforceable unless: a. a description of the real estate sufficient to identify it, the nature of the interest to be transferred, the existence of the agreement, and the identity of the transferor and transferee are established in a writing signed by or on behalf of the party against whom enforcement is sought; or b. a description of the real estate sufficient to identify it, the nature of the interest to be transferred, the existence of the agreement and the identity of the transferor and the transferee are proved by clear and convincing evidence.”

quoted by 1 later decision, including 362 N.J. Super. 190 - Morton v. 4 Orchard Land Trust

Relies on 332 N.J. Super. 369 - Prant v. Sterling

Good law ✅— No negative treatment on recordhow we know

Decided 2000-06-20

View the full empirical analysis of this case →

¶1Lawrence P. Cohen, Hackettstown, for plaintiffs-appellants (Courter, Kobert, Laufer & Cohen, attorneys; Mr. Cohen, of counsel and on the brief).

¶2William D. Grand, Woodbridge, for defendants-respondents (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Mr. Grand, of counsel and on the brief).

¶3Before Judges KESTIN, WEFING and STEINBERG.

¶4PER CURIAM.

¶5Plaintiffs appeal from the trial court's order dismissing the complaint on defendants' motion for summary judgment. On April 30, 1999, Judge Herr rendered an oral opinion disposing of the matter based upon her interpretation and application of L. 1995, C. 360, § 4, which had amended the Statute of Frauds to provide, inter alia:

An agreement to transfer an interest in real estate or to hold an interest in real estate for the benefit of another shall not be enforceable unless:

¶6…

¶7b. a description of the real estate sufficient to identify it, the nature of the interest to be transferred, the existence of the agreement and the identity of the *716 transferor and the transferee are proved by clear and convincing evidence.

¶8

[N.J.S.A. 25:1-13.]

¶9By reason of this provision, the acquisition of an interest in land may be established by parol evidence for the first time in modern history.

¶10Judge Herr's oral opinion has since been formalized and is reported at 332 N.J.Super. 369, 753 A.2d 758. After reviewing the record in the light of the written and oral arguments advanced by the parties, we are in substantial agreement with the decisional rationale employed by Judge Herr and affirm on that basis.

¶11Affirmed.

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