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JOSEPH R. AWAD & CO., INC. v. PILLSBURY MILLS, INC.

9 A.D.2d 870 (1959)

Joseph R. Awad & Co., Inc., Appellant, v. Pillsbury Mills, Inc., Respondent

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

December 1, 1959

Orders and judgment appealed from unanimously affirmed, with costs.

Apart from other considerations it is clear that the oral agreement of October 19, 1951, relied upon by the plaintiff, being a substantial modification of an agreement required to be in writing, must itself be in writing. (Davison Coal Co. v. Weston, Dodson & Co., 209 App. Div. 514.) The plaintiff is seeking to avoid the impact of the Statute of Frauds and to resist summary judgment attempts...

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