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SUTTON v. R. H. MACY CO., INC.

104 A.D.2d 305 (1984)

Elliott Sutton et al., Respondents, v. R. H. Macy Co., Inc., et al., Appellants

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

August 2, 1984

On this record, we are unable to discern whether a writing exists which would satisfy the Statute of Frauds (General Obligations Law, § 5-701, subd a, par 1). It appears that there has been no discovery by plaintiffs, the motions for summary judgment having stayed disclosure pursuant to CPLR 3214 (subd [b]). The only discovery thus far was by defendants, directed at plaintiffs, in the form of answers to interrogatories, as...

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