RIZIKA v. KOWALSKY


207 Misc. 254 (1954)

Abraham Rizika, Plaintiff, v. Morton D. Kowalsky et al., Defendants.

Supreme Court, Special Term, Oneida County.

December 28, 1954.


Attorney(s) appearing for the Case

Gilbert R. Hughes for defendants.

M. Francis Malone for plaintiff.


BASTOW, J.

The defendants move pursuant to rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the contract upon which the alleged action is founded is unenforcible under the provisions of the Statute of Frauds. The action has been at issue for about three years and normally this motion could not be entertained because of the requirement in rule 107 that it be made within twenty...

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