Defendant asserted three grounds for dismissal of the complaint: (1) that the complaint was barred by the Statute of Frauds; (2) that the complaint failed to state a cause of action, and (3) that the court lacked personal jurisdiction (CPLR 3211, subd [a], pars 5, 7, 8). Special Term granted the motion on the first ground above mentioned, without passing upon the sufficiency of the alternative grounds. However, all other issues were before Special Term and have not been abandoned...
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