LAPKIN v. LAPKIN


224 A.D.2d 199 (1996)

637 N.Y.S.2d 140

Donna Lapkin, Individually and on Behalf of Her Infant Children, Jason Lapkin and Another, Respondent, v. Nathaniel Lapkin et al., Appellants

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

February 6, 1996


Summary judgment cannot be granted solely on the basis of the defendant father-in-law's denial of having orally promised to support plaintiff and her children. Such denial serves only to raise an issue of credibility. Moreover, it is at variance with a long history of support. Defendants' assertion of the statute of frauds as a bar to this action is premature prior to discovery. Defendants' own records may contain a writing sufficient to satisfy the statute. Nor can it be...

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