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LEONARD LANG, LTD. v. BIRCH HOLDING CORP.

72 A.D.2d 806 (1979)

Leonard Lang, Ltd., Respondent, v. Birch Holding Corp., Respondent, and Birch Bark Realty Corp. et al., Appellants

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

November 26, 1979

Order affirmed, with one bill of $50 costs and disbursements payable jointly to respondents.

In our view, issues of fact exist which require a trial. The Statute of Frauds has no application to the alleged oral agreement between Birch Holding Corp. and Lincoln Savings Bank because Lincoln's alleged promise to Birch Holding Corp. to assume payment of a brokerage commission due Leonard Lang, Ltd., constitutes an original or primary

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