Appellate Division of the Supreme Court of New York, 1954

Wenzel v. Wenzel

Wenzel v. Wenzel
Appellate Division of the Supreme Court of New York · Decided October 13, 1954
284 A.D. 874; 134 N.Y.S.2d 229; 1954 N.Y. App. Div. LEXIS 3884
Wenzel v. Wenzel

Opinion of the Court

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, ยง 34), but the affidavits do not show that the Statute of Limitations has run. A trial of the issues is required. Present โ€” Dore, J. P., Cohn, Callahan, Breitel and Botein, JJ.

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