STAROBIN v. MISKOWITZ


280 A.D. 629 (1952)

Ruth Starobin, Appellant, v. Max Miskowitz, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 12, 1952.


Attorney(s) appearing for the Case

Samuel Zirn for appellant.

Louis R. Teig for respondent.

CALLAHAN, VAN VOORHIS and BREITEL, JJ., concur in Per Curiam opinion; DORE, J. P., dissents and votes to affirm, in opinion, in which COHN, J., concurs.


Per Curiam.

Plaintiff in an action based on a written contract moved for summary judgment. Partial summary judgment was granted, and plaintiff appeals from so much of the order as denied summary judgment as to the total sum in suit.

Plaintiff as the surviving widow had contracted on September 7, 1944, with her late husband's associate, defendant herein, in a close corporation for the sale of her stock in the...

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