Keller v. Mcdonald

Mercure, J.P.

Appeal from an order of the County Court of Cortland County (Ames, J), entered July 31, 2009, which, upon reargument, affirmed an order of the City Court of the City of Cortland denying defendant’s motion to dismiss the complaint.

*1357Plaintiff commenced this action in Cortland City Court alleging that defendant failed to repay a $5,000 loan. Defendant moved to dismiss the complaint as barred by the statute of frauds or, alternatively, for failure to state a cause of action. Plaintiff conceded at the hearing on the motion that her opposing papers were untimely, but she offered no…