Rogoff v. San Juan Racing Ass'n, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

At the threshold it is appellant’s contention that summary-judgment on the ground that his claims were barred by the Statute of Frauds was improperly granted because that defense had not been pleaded in the answer. Examination of the papers on the motion discloses, however, that this defense was the principal ground relied on by defendants in support of their motion and that it was fully opposed by plaintiff (both on the procedural grounds of unavailability for failure to plead and of prematurity…