Wassner v. Bais Yaakov

—In an action to recover the proceeds of a loan, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated January 30, 2002, as denied that branch of his motion pursuant to CPLR 3211 (b) which was to dismiss the affirmative defense of the statute of frauds.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff’s contentions, he failed to demonstrate, as a matter of law, that the parties’ alleged oral agreement is not barred by the statute of frauds (see General Obligations Law § 5-701; cf. Pritsker v…