¶ Special Term properly granted the motion by defendant to amend its answer to assert the defense of the Statute of Frauds. The denial of the motion for summary judgment based upon the Statute of Frauds defense, however was error. No matter how the respective positions of the parties concerning the substance and scope of the oral agreement are characterized there is no real dispute as to the legal effect of that agreement, such as would bar a grant of the motion for...
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