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OSBORNE v. MURRAY

240 A.D.2d 261 (1997)

659 N.Y.S.2d 740

George R. Osborne, Appellant, v. Francis Murray, Also Known as Frances Murray et al., Respondents

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

June 17, 1997

Defendants' failure to plead the Statute of Frauds as an affirmative defense did not bar summary dismissal in these circumstances (see, Rogoff v San Juan Racing Assn., 54 N.Y.2d 883). The checks that plaintiff asserts as a written memorandum do not contain all the essential terms of the agreement (see, McDaniel v Sangenino, 67 A.D.2d 698, 699). The payments are not unintelligible...

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