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Wenzel v. Wenzel

284 A.D. 874 Court N.Y. App. Div. Decision date 1954-10-13 English

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p. 874
Caroline Wenzel, Respondent, v. Anton Wenzel et al., Appellants, et al., Defendants.

Order denying motion to dismiss complaint unanimously affirmed, with $20 costs and disbursements to respondent. The defense of Statute of Frauds is not available because the complaint alleges sufficient facts to constitute a constructive trust. The defense of Statute of Limitations is based

p. 875
on the fifteen-year statute (Civ. Prac. Act, § 34), but the affidavits do not show that the Statute of Limitations has run. A trial of the issues is required. Present — Dore, J. P., Cohn, Callahan, Breitel and Botein, JJ.