LESKO v. KELLEHER


31 A.D.2d 986 (1969)

Andrew L. Lesko, Doing Business as Contractors Supply Company, Respondent, v. Paul Kelleher, Doing Business as United Rent-Alls, Appellant

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

March 10, 1969


Per Curiam.

The defendant in this simple contract action, about 11 months after the filing of the note of issue, moved to amend his answer so as to plead the Statute of Frauds. Almost one year previously he had been served with plaintiff's bill of particulars which stated, in response to his demand, that the contract was oral. At that time he was still entitled to serve an amended answer without permission. The motion was granted but neither then nor at any...

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