Marks v. Macchiarola

—Order, Supreme Court, New York *218County (William J. Davis, J.), entered January 26, 1995, denying defendant’s motion for leave to amend his answer to assert the affirmative defense of statute of frauds, unanimously reversed, on the law and the facts and in the exercise of discretion, with costs and disbursements, and the motion granted.

In this action, two partners of a would be accounting partnership that never came into being seek to recover the pro rata share of the rent due for an approximate four-year period from the third intended partner under a lease signed by all three parties, based,…