Arthur H. Rogoff, Appellant v. San Juan Racing Association, Inc., Respondents, Defendants

Summary

The New York Court of Appeals affirmed the Appellate Division's order granting summary judgment to the defendants. The court held that a failure to plead a Statute of Frauds defense in the answer does not require denial of a summary‑judgment motion, and that the record contained no writing satisfying the Statute of Frauds requirement.