BOYLAN v. G. L. MORROW CO., INC.


63 N.Y.2d 616 (1984)

Thomas Boylan, Respondent, v. G. L. Morrow Company, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Robert M. Brown for appellants.

Edward R. Feinberg for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, SIMONS and KAYE concur in memorandum; Judge MEYER dissents and votes to affirm in an opinion in which Judge JASEN concurs.


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the first and second causes of action dismissed, and the question certified answered in the affirmative.

Defendant's motion to dismiss the first and second causes of action on the Statute of Frauds defense should have been granted. Plaintiff's argument that the Statute of Frauds defense must be deemed defeated...

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