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WASSNER v. BAIS YAAKOV OF BROOKLYN

300 A.D.2d 579 (2002)

751 N.Y.S.2d 876

JOSEPH WASSNER, Appellant, v. BAIS YAAKOV OF BROOKLYN, Respondent.

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

Decided December 23, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contentions, he failed to demonstrate, as a matter of law, that the parties' alleged oral agreement is not barred by the statute of frauds (see General Obligations Law § 5-701; cf. Pritsker v Soyferman, 275 A.D.2d 738). The parties dispute the very nature of the transaction as either an oral demand loan or a charitable...

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