Myers v. Waverly Fabrics, Division of F. Schumacher & Co.

Order of the Supreme Court, New York County (Kristin Booth Glen, J.), entered May 13, 1983, which conditionally granted defendant’s motion to amend its answer to assert the defense of the Statute of Frauds and denied defendant’s motion for a summary judgment, is modified, on the law, without costs, and the defendant’s motion for summary judgment dismissing the complaint is granted, and otherwise affirmed. I Special Term properly granted the motion by defendant to amend its answer to assert the defense of the Statute of Frauds. The denial of the motion for summary judgment based upon the…