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GALLO v. AIELLO

139 A.D.2d 490 (1988)

Vincent Gallo et al., Respondents, v. Salvatore Aiello, Appellant, et al., Defendant

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

April 4, 1988

Ordered that the order is affirmed, with costs.

The defendant Salvatore Aiello moved for leave to amend his answer to assert the Statute of Frauds as an affirmative defense over five years after issue was joined and while the action was on the Trial Calendar with a firm trial date. The movant speciously attributed the delay to the plaintiffs. The defense counsel contended that he was unaware of the applicability of the defense of the Statute of Frauds because the...

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