Defendant moves to amend his answer to set up the defense of Statute of Frauds. Plaintiff opposes claiming laches and points to the fact that the matter is now on the Day Calendar. The motion is denied, not because it would be improvident to permit the amendment (see Estersohn v. Hardy Metal Specialties, 277 App. Div. 891), but because the defense is insufficient. The cause of action alleged is based on a contract of partnership...
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