SLEEPY HOLLOW PRODUCE GROWERS, INC. v. KOSUGA


54 A.D.2d 712 (1976)

Sleepy Hollow Produce Growers, Inc., et al., Respondents, v. Vincent Kosuga, Appellant, et al., Defendants

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

October 12, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

In our opinion, on the record before us, it cannot be held: that, as a matter of law, the Statute of Frauds (General Obligations Law, § 5-701, subd 2) and subdivision (b) of section 503 of the Business Corporation Law apply; that appellant has established a defense founded upon documentary evidence; and that the first, second, fifth and seventh causes of action of the complaint must be...

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