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AM. LINEN SUPPLY CO., INC. v. PENN YAN MARINE MFG. CORP.

172 A.D.2d 1007 (1991)

American Linen Supply Co., Inc., Respondent, v. Penn Yan Marine Mfg. Corp., Appellant

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

April 26, 1991

Order unanimously affirmed with costs.

Memorandum:

Defendant's motion for summary judgment, made in reliance on the defense of the Statute of Frauds (General Obligations Law § 5-701 [a] [1]), was properly denied. The signed and unsigned writings, when read together, provide all essential terms of the contract and clearly refer to the same transaction. There is at least one writing, the original agreement,...

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