Kuo v. Wall Street Mortgage Bankers, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered September 11, 2008, as. denied its pre-answer motion to dismiss the complaint pursuant to CPLR 3211 (a) (5), as barred by the statute of frauds and the statute of limitations.
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court’s determination that the statute of frauds is not a bar to the plaintiffs action, albeit on grounds somewhat…
2Cases cited9 opinions
- Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
- Swift v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2006
- Prote Contracting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1993
- Giordano v. ThomsonDistrict Court, E.D. New York · 2005
- In re the Estate of SchwartzAppellate Division of the Supreme Court of the State of New York · 2007
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