Rogoff v. San Juan Racing Association, Inc.
New York Court of Appeals
54 N.Y.2d 883, 444 N.Y.S.2d 911, 429 N.E.2d 416 (1981)
- Written by Steven Pacht, JD
Facts
Arthur Rogoff (plaintiff) sued the San Juan Racing Association, Inc. (association) (defendant) seeking payment due under an alleged contract. The association moved for summary judgment, claiming, among other things, the lack of a writing as required by the statute of frauds. The association’s answer did not explicitly cite the statute of frauds, but the statute of frauds was the main ground for the association’s motion, and Rogoff fully engaged with the statute-of-frauds argument in opposing the association’s motion. Specifically, Rogoff argued that consideration of the statute of frauds was procedurally improper (due, in part, to the association not having explicitly pleaded it as a defense) and that the association’s statute-of-frauds argument was wrong on the merits. The appellate division concluded that the association’s failure to explicitly plead the statute of frauds did not bar the association from asserting a statute-of-frauds defense. Rogoff appealed.
Rule of Law
Issue
Holding and Reasoning ()
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