Order that the order is reversed, on the law, with costs, the motion is granted, and the action against the remaining defendant is severed.
An oral promise to guarantee the debt of another is barred by the Statute of Frauds (General Obligations Law § 5-701). However, the oral promise may be taken out of the Statute of Frauds if two requirements are met. First, the promise must represent an independent duty of payment, irrespective of the liability of the principal...
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