Raoul v. Olde Village Hall, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Damiani, J. P.
The issue presented is whether the Statute of Frauds may be interposed for the first time on appeal where the allegations of the complaint reveal upon their face that the action is based upon an oral contract within the purview of the statute. Despite some old cases to the contrary, it is our view that under the present practice statute the defendants’ failure to affirmatively raise the defense of the Statute of Frauds by motion to dismiss or by answer resulted in a waiver.
In this case the owner of certain improved real property, The Olde Village Hall, Inc.…
2Cases cited35 opinions
- In re AhoNew York Court of Appeals · 1976
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Crane v. . PowellNew York Court of Appeals · 1893
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Matthews v. . MatthewsNew York Court of Appeals · 1897
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3Cited by14 opinions
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- Tebbutt v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- McIntosh v. Niederhoffer, Cross & Zeckhauser, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
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