DEROSIS v. KAUFMAN


219 A.D.2d 376 (1996)

641 N.Y.S.2d 831

Louis DeRosis, Respondent, v. Bernard Kaufman, Appellant

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

May 7, 1996


Attorney(s) appearing for the Case

Joseph E. Macy of counsel, Garden City (Berkman, Henoch, Peterson & Peddy, P. C., attorneys), for respondent.

Robert Markewich of counsel, New York City (Markewich Friedman & Markewich, P. C., attorneys), for appellant.

SULLIVAN, J. P., and ROSS, JJ., concur with WALLACH, J.; KUPFERMAN and TOM, JJ., dissent in a separate opinion by TOM, J.


WALLACH, J.

On this appeal we are required to determine whether a series of writings, executed and delivered by defendant to plaintiff at various times over a four-year period, are sufficient to overcome the defense of the Statute of Frauds. Framing the issue as entirely one of law, both parties moved for summary judgment. The IAS Court granted plaintiff's cross motion and directed judgment in his favor. We...

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