Dobbs v. King , 85 N.Y.S.2d 513 ( 1948 )

In an action by the seller for specific performance of a real estate contract and for damages, order striking the defense of the Statute of Frauds from defendant’s answer and granting summary judg; lent to plaintiff, affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Carswell and Wenzel, JJ., concur; Adel and Sneed, JJ., dissent and vote to reverse the order and to deny the motion on the ground that a triable issue of fact exists.