Anostario v. Vicinanzo

Appeal from a judgment of the Supreme Court in favor of defendants, entered January 22, 1980 in Montgomery County, upon a decision of the court at a Trial Term, without a jury. When this action was before us on a prior occasion (56 AD2d 406), the majority, while concurring that the oral contract between the parties fell within the Statute of Frauds and was not exempt from its requirements by operation of the joint venture exception, nevertheless concluded that the judgment in favor of the defendant had to be reversed and a new trial held because plaintiff’s evidence established another…