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Astacio v Fernandez-Pons
2008 NY Slip Op 50583(U) [19 Misc 3d 131(A)]
Decided on March 24, 2008
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 24, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ

570516/06.

Antonio Astacio, Plaintiff-Respondent,

against

Ramona Fernandez-Pons, Defendant-Appellant.


Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered on August 12, 2005, after a nonjury trial, in favor of plaintiff and awarding him damages.


Per Curiam.

Judgment (Francis M. Alessandro, J.), entered August 12, 2005, affirmed, with $25 costs.

Plaintiff's action is not barred by the statute of frauds since the oral promise in question was not a promise to pay the debt of another person(see GOL § 5-701[a][2]). Rather, it was an original and independent promise by defendant to repay monies advanced by plaintiff, at defendant's request, to pay for the funeral expenses of defendant's daughter (see Nakamura v Fujii, 253 AD2d 387, 389-90 [1998]; Herman v Gillette, 251 AD2d 374 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 24, 2008