Boylan v. G. L. Morrow Co.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the first and second causes of action dismissed, and the question certified answered in the affirmative.

Defendant’s motion to dismiss the first and second causes of action on the Statute of Frauds defense should have been granted. Plaintiff’s argument that the Statute of Frauds defense must be deemed defeated because defendant admitted the existence of an oral contract is without merit. Defendant’s concession that, for purposes of the motion to dismiss, the facts…