SCHWARTZ v. GREENBERG


199 Misc. 117 (1951)

Arthur Schwartz, Plaintiff, v. Leo Greenberg, Defendant.

Supreme Court, Special Term, Westchester County.

January 5, 1951.


Attorney(s) appearing for the Case

Martin H. Young for defendant.

Albert E. Schwartz and Paul Miller for plaintiff.


DAVIS, J.

In an action to recover damages for an alleged breach of a contract for the sale by plaintiff to defendant of shares of stock, defendant moves under rule 107 of the Rules of Civil Practice to dismiss the complaint upon the ground that the alleged contract upon which the cause of action is based is unenforcible under the Statute of Frauds.

Defendant's motion is denied. As appears from plaintiff's answering affidavit, although each of...

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