Wenzel v. Wenzel , 284 A.D. 874 ( 1954 )


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  • 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 *875on 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.

Document Info

Citation Numbers: 284 A.D. 874

Filed Date: 10/13/1954

Precedential Status: Precedential

Modified Date: 1/12/2023