GRESSER v. PRINCI


128 A.D.2d 752 (1987)

Lawrence T. Gresser et al., Respondents, v. Rudolph Princi et al., Appellants

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

March 23, 1987


Ordered that the orders are affirmed, with one bill of costs payable by the defendants appearing separately and filing separate briefs.

We find unpersuasive the defendants' contention that the court erred in failing to dismiss the complaint pursuant to the documentary evidence and Statute of Frauds defenses asserted in the motion to dismiss. The plaintiffs have alleged sufficient facts to require a trial on the issue of whether the defendants Princi and Axelrod expressly...

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