Atlantic Macaroni Co. v. Schiaffino

Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The alleged promises were collateral and, therefore, since not in writing, were not binding upon defendants against the plea of the Statute of Frauds. In view of this disposition of the case, the appeal from the order denying the motion for a new trial is dismissed. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.