Summary
holding that the Statute of Frauds was "inapplicable because the [goods] had already been delivered, accepted and paid for pursuant to the parties' oral agreements"
Summary of this case from MGR Meats, Inc. v. SchweidOpinion
Argued November 11, 1986
Decided December 16, 1986
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Aaron F. Goldstein, J.
Lawrence K. Katz for Tip Top Farms, Inc. and another, appellants-respondents.
David A. Field and Kevin J. Nolan for Park Lane Dairies, Inc. and another, appellants-respondents.
Ronald C. Berger and John M. Freyer for respondent-appellant.
Order affirmed, without costs, for reasons stated in the opinion by Justice Isaac Rubin at the Appellate Division ( 114 A.D.2d 12). Question certified answered in the affirmative. Cross appeal by defendant as to actions Nos. 2 and 3 dismissed, without costs, upon the ground that defendant is not aggrieved by the order of the Appellate Division insofar as it affirmed the orders in those actions (CPLR 5511).
Concur: Judges SIMONS, KAYE, ALEXANDER and TITONE. Chief Judge WACHTLER and Judges MEYER and HANCOCK, JR., dissent in part and vote to modify by denying branches of defendant's motions for summary judgment in accordance with and for the reasons stated in the concurring in part and dissenting in part opinion of Justice Leon D. Lazer at the Appellate Division ( 114 A.D.2d 12, 27-37).