MARKS v. MACCHIAROLA


221 A.D.2d 217 (1995)

634 N.Y.S.2d 56

Morton Marks et al., Respondents, v. Roy Macchiarola, Appellant

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

November 16, 1995


In this action, two partners of a would be accounting partnership that never came into being seek to recover the pro rata share of the rent due for an approximate four-year period from the third intended partner under a lease signed by all three parties, based, apparently, on an October 20, 1987 oral agreement. Defendant never interposed the affirmative defense of statute of frauds as to the oral agreement, a fact which we noted...

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