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BAILEY v. MORGAN

54 A.D.2d 991 (1976)

Brian Bailey et al., Appellants, v. William Morgan, Respondent

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

November 4, 1976

Plaintiffs' action is one to obtain specific performance of an alleged contract for the sale of certain real property. We do not find defendant guilty of gross laches in seeking to amend his answer so as to raise the defense of the Statute of Frauds and plaintiffs have failed to adequately demonstrate how they will be prejudiced by the assertion of such a defense. Accordingly, we find no abuse of discretion committed by Special Term...

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