Wilensky v Feldman

[*1] Wilensky v Feldman 2004 NY Slip Op 50676(U) Decided on June 23, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 23, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1563 S C

RONALD WILENSKY, D.D.S., Respondent,

against

EMILY FELDMAN, Appellant.

Appeal by defendant from so much of an order of the District Court, Suffolk County (P. Hensley, J.), dated September 25, 2003, as denied her cross motion for summary judgment dismissing the complaint or, in the alternative, to disqualify plaintiff's attorney from further representation.

Order insofar as appealed from unanimously reversed without costs, defendant's cross motion for summary judgment granted, and the complaint dismissed.

It is well settled that an obligation to pay the debt of another must be in writing and signed by the person to be charged (General Obligations Law § 5-701 [a] [2]). Herein, it is uncontroverted that the monies allegedly owed are a business debt between plaintiff and defendant's late husband. Plaintiff contends that defendant
personally agreed to pay for said debt by her signed letters dated June 20, 2000 and November 9, 1998. Upon a review of said letters, however, we find that defendant did not agree therein to pay the debt of her deceased husband. Accordingly, defendant's cross motion for summary judgment dismissing the complaint is granted. [*2]
Decision Date: June 23, 2004