Appellate Division of the Supreme Court of the State of New York November 16, 1995 (Marks v. Macchiarola)

—Order, Supreme Court, New York *218County (William J. Davis, J.), entered January 26, 1995, denying defendant’s motion for leave to amend his answer to assert the affirmative defense of statute of frauds, unanimously reversed, on the law and the facts and in the exercise of discretion, with costs and disbursements, and the motion granted.