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JENNINGS v. PIERINI

8 A.D.3d 1035 (2004)

778 N.Y.S.2d 371

GUY M. JENNINGS, Appellant, v. TANYA M. PIERINI, Individually and as Administratrix of the Estate of PAUL P. PIERINI, Deceased, Respondent.

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

June 14, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion and reinstating the complaint and as modified the order is affirmed without costs.

Memorandum:

Supreme Court erred in granting defendant's cross motion seeking summary judgment dismissing the complaint on the ground that the action is barred by the statute of frauds. It is undisputed...

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