Levitz v. Robbins Music Corp.

Order entered on March 2, 1959, granting defendants’ motion for summary judgment, unanimously reversed on the law, with $20 costs and disbursements to appellant, and the motion denied, with $10 costs. Summary judgment, dismissing the amended complaint, was granted on the ground that the action was barred by the Statute of Frauds (Personal Property Law, § 31, subd. 1). We do not reach the question of the correctness of the determination as to the applicability of the Statute of Frauds to plaintiff’s cause of action because, in our opinion, defendants were precluded from raising that issue by…