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CON-SOLID CONTRACTING, INC. v. LITWAK DEV. CORP.

236 A.D.2d 437 (1997)

654 N.Y.S.2d 593

Con-Solid Contracting, Inc., Appellant, v. Litwak Development Corp., Defendant, and I.J. Litwak & Co., Inc., et al., Respondents

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

February 10, 1997

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondents.

The Supreme Court improperly granted the respondents' motion for summary judgment on the ground that the complaint was barred by the Statute of Frauds. The defendants, including the respondents, waived the defense of the Statute of Frauds by failing to assert it in either their verified answer or a motion to...

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