Legal Opinion

Tyler v. . Windels

New York Court of Appeals

Decided October 14, 1919PublishedCited by 29 opinions

Appeal from a judgment entered March 12, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant for judgment on the pleadings, granted said motion and directed a dismissal of the complaint. The action was on contract.

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Appeal from a judgment entered March 12, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant for judgment on the pleadings, granted said motion and directed a dismissal of the complaint. The action was on contract. The answer as a separate defense plead the Statute of Frauds, in that the contract was not by its terms to be performed within one year from the making thereof, and that there was no note or memorandum in writing subscribed by the defendant. By way of reply…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.

2Cited by29 opinions

  1. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  2. Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
  3. Bayreuther v. ReinischAppellate Division of the Supreme Court of the State of New York · 1942
  4. Town of Poughkeepsie v. EspieAppellate Division of the Supreme Court of the State of New York · 2007
  5. In re the Estate of DitsonNew York Surrogate's Court · 1941

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