Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04626
Tingue v Spencer
Read the official decision: 2026 NY Slip Op 04626
Holding The court affirmed the dismissal of the specific performance claim because the contract failed to comply with the statute of frauds. However, the court vacated the award of $50,000 in damages and attorney’s fees because the defendant failed to establish the monetary value of those damages.
The court’s words
Supreme Court properly determined that the contract was unenforceable for failure to comply with the statute of frauds
2026 NY Slip Op 04626, at the official text
Gomez failed to establish the monetary value of any damages
2026 NY Slip Op 04626, at the official text
we therefore modify the order by vacating the award to Gomez of $50,000 for property damage and attorney's fees
2026 NY Slip Op 04626, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04626 |
| Area of law | Contracts and Commercial |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04626 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 435 |
Recommended citation
ESQ HQ, New York Law Watch, Tingue v Spencer, 2026 NY Slip Op 04626 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04626/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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