Ehmer Forest Hills Corp. v. Gonzalez

In an action to recover damages for breach of an oral contract, the defendant Charles Gonzalez appeals from an order of the Supreme Court, Queens County (Hentel, J.), dated July 8, 1988, which denied his motion pursuant to CPLR 3211 (a) (5) and CPLR 3211 (a) (7) to dismiss the complaint on the grounds that it is barred by the Statute of Frauds and that it fails to state a cause of action against him.

Order that the order is reversed, on the law, with costs, the motion is granted, and the action against the remaining defendant is severed.

An oral promise to guarantee the debt of another is…