McGEE v. GHAUSI


154 A.D.2d 517 (1989)

Patrick McGee, Appellant, v. Nemat U. Ghausi et al., Respondents

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

October 16, 1989


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

We conclude that the Supreme Court erred in awarding summary judgment to the defendants based on the Statute of Frauds. In their motion papers, the defendants did not request summary judgment dismissing the complaint on that basis. Thus, the granting of the motion on that ground was inappropriate.

We note that the defendants do...

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