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Youz Films, Ltd. v. Just Born, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1979
69 A.D.2d 778 (N.Y. App. Div. 1979)

Opinion

April 5, 1979


Order, Supreme Court, New York County, entered September 11, 1978, granting defendants' motion for partial summary judgment dismissing the third, fourth and fifth causes of action in the complaint, is affirmed, on the opinion of Klein, J., at Special Term, with costs. We add only with respect to the defense of the Statute of Frauds addressed to the fourth cause of action that the alleged reliance on the oral agreement is no more than the usual situation of parties who orally agree on a deal, intending that there shall be a written contract, and then at the point of signing, one of the parties backs out. This does not estop the defendant from asserting the defense of the Statute of Frauds.

Concur — Birns, J.P., Sandler, Bloom, Lupiano and Silverman, JJ.


Summaries of

Youz Films, Ltd. v. Just Born, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1979
69 A.D.2d 778 (N.Y. App. Div. 1979)
Case details for

Youz Films, Ltd. v. Just Born, Inc.

Case Details

Full title:YOUZ FILMS, LTD., et al., Appellants, v. JUST BORN, INC., et al.…

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

Date published: Apr 5, 1979

Citations

69 A.D.2d 778 (N.Y. App. Div. 1979)

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