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CAPITAL KNITTING v. DUOFOLD

131 A.D.2d 87 (1987)

Capital Knitting Mills, Inc., Respondent, v. Duofold, Inc., Appellant

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

October 20, 1987

Attorney(s) appearing for the Case

Stephen Brodsky of counsel (Ruback & Merson, P. C., attorneys), for respondent.

Jack Hassid of counsel (Hahn & Hessen, attorneys), for appellant.

MURPHY, P. J., SULLIVAN, ROSENBERGER and SMITH, JJ., concur.

SANDLER, J.

The defendant, Duofold, Inc., appeals from an order of the I.A. Court denying its motion for summary judgment dismissing the first cause of action of plaintiff, Capital Knitting Mills, Inc., on the ground that the action is void as based on an oral promise "to answer for the debt, default or miscarriage of another person" (General Obligations Law § 5-701 [a] [2]), and further appeals from the...

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