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WENZEL v. WENZEL

284 A.D. 874 (1954)

Caroline Wenzel, Respondent, v. Anton Wenzel et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 13, 1954.

Order denying motion to dismiss complaint unanimously affirmed, with $20 costs and disbursements to respondent.

The defense of Statute of Frauds is not available because the complaint alleges sufficient facts to constitute a constructive trust. The defense of Statute of Limitations is based on the fifteen-year statute (Civ. Prac. Act, § 34), but the affidavits do not show that the Statute of Limitations has run. A trial...

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