PACE v. PERK


81 A.D.2d 444 (1981)

Lester Pace et al., Respondents, v. Percy Perk et al., Appellants

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

July 6, 1981


Attorney(s) appearing for the Case

Frederick M. Douglass for appellants.

Robin & Alexander (Harry Alexander of counsel), for respondents.

GULOTTA, COHALAN and O'CONNOR, JJ., concur.


DAMIANI, J. P.

The issues in this case are whether plaintiffs' complaint states a cause of action against any or all of the defendants and, if so, whether relief is barred to plaintiffs against any or all of those defendants by reason of the applicability of the affirmative defenses of the Statute of Frauds, res judicata, or collateral estoppel.

In substance, the complaint alleges that in August...

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