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WOODS v. SPORTONICS CORPORATION

256 A.D.2d 404 (1998)

681 N.Y.S.2d 769

SUZANNA WOODS, Plaintiff, v. SPORTONICS CORPORATION, Defendant, and RUSSELL L. STRONGMAN, Defendant and Third-Party Plaintiff-Appellant. SUZANNA (STRONGMAN) O'BRIEN, Third-Party Defendant-Respondent.

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

Decided December 14, 1998.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted the motion of the third-party defendant to dismiss the third-party complaint on the ground that the oral agreement between the third-party plaintiff and the third-party defendant violated the Statute of Frauds (see, CPLR 3211 [a] [5]; General Obligations Law § 5...

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