Ackerman v. Philip Fleischer, Inc.

John E. Cone, J,

Defendant moves to serve its amended answer so as to plead two separate defenses: (1) the Statute of Limitations, and (2) Statute of Frauds. The action is to recover alleged earned commissions for services already performed. The papers sans complaint show that plaintiff was an employee of defendant from 1950 to January 10, 1959, when defendant sold its business; that an examination before trial of one of defendant’s officers was had and the case is at issue and on the calendar for November 23. An affidavit by defendant’s attorney merely states that “on a restudy of the case…