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ANOSTARIO v. VICINANZO

79 A.D.2d 825 (1980)

Paul A. Anostario, Appellant, v. Vincent E. Vicinanzo et al., Respondents

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

December 31, 1980

When this action was before us on a prior occasion (56 A.D.2d 406), the majority, while concurring that the oral contract between the parties fell within the Statute of Frauds and was not exempt from its requirements by operation of the joint venture exception, nevertheless concluded that the judgment in favor of the defendant had to be reversed and a new trial held because plaintiff's evidence established another exception to the Statute...

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