DeRosis v. Kaufman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
On this appeal we are required to determine whether a series of writings, executed and delivered by defendant to plaintiff at various times over a four-year period, are sufficient to overcome the defense of the Statute of Frauds. Framing the issue as entirely one of law, both parties moved for summary judgment. The IAS Court granted plaintiff’s cross motion and directed judgment in his favor. We disagree.
In our view, the writings proffered by plaintiff are woefully insufficient to establish that defendant became a guarantor of repayment to plaintiff of a $75,000…
2Cases cited7 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Scheck v. FrancisNew York Court of Appeals · 1970
- Marks v. . CowdinNew York Court of Appeals · 1919
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Wright v. . WeeksNew York Court of Appeals · 1862
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3Cited by15 opinions
- GBJ Corp. v. Eastern Ohio Paving Co.Court of Appeals for the Sixth Circuit · 1998
- O'Neill v. Atlantic Security Guards, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Polizzi v. ProfaciAppellate Division of the Supreme Court of the State of New York · 2004
- Chan v. Shew Foo ChinAppellate Division of the Supreme Court of the State of New York · 2009
- Roberts v. KarimiDistrict Court, E.D. New York · 1999
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