A & L PLUMBING & HEATING CO., INC. v. JAMES REDFIELD PLUMBING & HEATING CO., INC.


54 A.D.2d 952 (1976)

A & L Plumbing & Heating Co., Inc., et al., Respondents, v. James Redfield Plumbing & Heating Co., Inc., et al., Appellants

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

November 22, 1976


Order affirmed, with $50 costs and disbursements.

We agree with Special Term that the conflicting versions of the facts presented by the parties indicate that the possible applicability of the Statute of Frauds should be decided at the trial. We also agree that plaintiffs' allegations of consideration are sufficient to save the complaint from dismissal for failure to state a cause...

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