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American Linen Supply Co. v. Penn Yan Marine Manufacturing Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1007 (N.Y. App. Div. 1991)

Opinion

April 26, 1991

Appeal from the Supreme Court, Yates County, Falvey, J.

Present — Dillon, P.J., Doerr, Boomer, Pine and Lawton, JJ.


Order unanimously affirmed with costs. Memorandum: Defendant's motion for summary judgment, made in reliance on the defense of the Statute of Frauds (General Obligations Law § 5-701 [a] [1]), was properly denied. The signed and unsigned writings, when read together, provide all essential terms of the contract and clearly refer to the same transaction. There is at least one writing, the original agreement, which establishes a contractual relationship between the parties and bears the signature of the party to be charged. The sizing slips, invoices, and defendant's check in payment of those invoices, as well as the testimony of the parties, corroborate defendant's assent to increasing the number of rental uniforms to be included in the contract between the parties. The writings satisfy the Statute of Frauds (see, Crabtree v. Arden Sales Corp., 305 N.Y. 48, 55-56).


Summaries of

American Linen Supply Co. v. Penn Yan Marine Manufacturing Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1007 (N.Y. App. Div. 1991)
Case details for

American Linen Supply Co. v. Penn Yan Marine Manufacturing Corp.

Case Details

Full title:AMERICAN LINEN SUPPLY CO., INC., Respondent, v. PENN YAN MARINE MFG…

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

Date published: Apr 26, 1991

Citations

172 A.D.2d 1007 (N.Y. App. Div. 1991)

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