Ordered that the judgment is affirmed, with one bill of costs payable to the plaintiff-respondent and third-party defendant-respondent appearing separately and filing separate briefs.
The Supreme Court properly dismissed the defendant's affirmative defenses. The alleged loan was to be repaid within one year, and it was therefore not required to be in writing (see, General Obligations Law § 5-701 [a] [1]). In addition, the action was timely commenced within...
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