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GODDARD v. GLADSTONE

2 Misc.2d 1049 (1955)

Jacob M. Goddard, Plaintiff, v. Milton Gladstone et al., Defendants.

Supreme Court, Special Term, New York County.

November 3, 1955.

Attorney(s) appearing for the Case

Harold Harper for Milton Gladstone, defendant.

Abraham M. Glickman and Samuel H. Levinkind for plaintiff.

Weisman, Celler, Allan, Spett & Sheinberg for David Schindler and others, defendants.

Kadel, Wilson & Potts for Amanda Kadel, as executrix of John Kadel, deceased, defendant.

SAMUEL M. GOLD, J.

Defendant Milton Gladstone moves for judgment on the pleadings, contending that it appears on the face of the complaint and reply that the agreement in suit is within the Statute of Frauds and is unenforcible. The complaint is in equity, and alleges, in paragraph 2 thereof, that plaintiff and the moving defendant were cobrokers in a transaction whereby the defendant David Schindler acquired...

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