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Desmond v. Charles Lyons Co.

217 A.D. 787 Court N.Y. App. Div. English

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p. 787
Timothy J. Desmond and Another, Copartners, Doing Business under the Firm Name and Style of Desmond Fish Company, Respondents, v. Charles Lyons Company, Incorporated, Appellant.

— -Motion for reargument denied. Motion for leave to appeal to Court of Appeals denied. This court, in its discretion, amends the order of affirmance entered May 19, 1926, so as to permit the defendant to allege in the answer as a defense in the action the same facts as are set up in the motion papers in relation to the Statute of Frauds.[1] Present — Hubbs, P. J., Clark, Davis, Sears and Taylor, JJ.

* See Pers. Prop. Law, § 85, as added by Laws of 1911, chap. 571; ante, p. 721.— [Rep.