Wenzel v. Wenzel
284 A.D. 874, 134 N.Y.S.2d 229, 1954 N.Y. App. Div. LEXIS 3884
Appellate Division of the Supreme Court of the State of New York·Decided October 13, 1954·Published·Cited by 2 cases
Opinion
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 [875]*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.
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Wenzel v. Wenzel, 284 A.D. 874, 134 N.Y.S.2d 229, 1954 N.Y. App. Div. LEXIS 3884 (N.Y. Ct. App. 1954).
284 A.D. 874 (Wenzel v. Wenzel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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