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  5. 22 A.D.2d 905 (1964)
 

ALLIED INDUS. MFG. & SUPPLY CORP. v. D. FORTUNATO, INC.

22 A.D.2d 905 (1964)

Allied Industrial Manufacturing and Supply Corp., Appellant, v. D. Fortunato, Inc., et al., Respondents, et al., Defendant

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

December 21, 1964

Order reversed on the law, with $10 costs and disbursements; plaintiff's motion to dismiss the said defense and to strike out said item "5" of the demand for a bill of particulars is granted; and said defense is dismissed and said item is [struck] out.

Since the complaint pleads a cause of action based upon a written document, the Statute of Frauds may not properly be interposed as a defense. With respect to item "5" of...

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