ARCAN TRANSP., INC. v. MARINE MIDLAND BANK-WESTERN


54 A.D.2d 1103 (1976)

Arcan Transportation, Inc., et al., Respondents, v. Marine Midland Bank-Western, Appellant

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

November 5, 1976


Order unanimously reversed, with costs, and defendant's motion for judgment granted.

Memorandum:

This action was brought by plaintiffs to recover damages caused by defendant's alleged breach of an oral working capital agreement and its failure pursuant to such agreement to give plaintiffs extensions on certain monetary obligations. In its answer defendant raised four affirmative defenses which were that the claimed agreement violated the Statute of Frauds...

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