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Marcus v. C.I.F. Incorporated

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1966
26 A.D.2d 923 (N.Y. App. Div. 1966)

Opinion

November 17, 1966


Order, entered on July 19, 1966, appealed from unanimously reversed, on the law, and the motion of defendant-appellant (appellant) for summary judgment dismissing the complaint is granted, with $50 costs and disbursements to appellant. Plaintiff-respondent (respondent) alleges appellant orally agreed to extend credit up to $5,000,000 for a period of a minimum of two years with the right, inter alia, in appellant to approve each loan made under the credit. Appellant in its answer, in addition to denials, pleaded the Statute of Frauds (General Obligations Law, § 5-701) as an affirmative defense. Thereafter appellant's motion for an order pursuant to CPLR 3212, dismissing the complaint, was denied. Under the undisputed facts of this case the Statute of Frauds is an absolute defense and the motion should have been granted (cf. Harris v. Home Ind. Co., 6 A.D.2d 861).

Concur — Breitel, J.P., McNally, Stevens, Steuer and Capozzoli, JJ.


Summaries of

Marcus v. C.I.F. Incorporated

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1966
26 A.D.2d 923 (N.Y. App. Div. 1966)
Case details for

Marcus v. C.I.F. Incorporated

Case Details

Full title:ALAN J. MARCUS et al., Respondents, v. C.I.F. INCORPORATED, Appellant, et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 17, 1966

Citations

26 A.D.2d 923 (N.Y. App. Div. 1966)

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