SPRING v. MONCRIEFF


208 Misc. 671 (1955)

Harry B. Spring, Plaintiff, v. Howard F. Moncrieff et al., Defendants.

Supreme Court, Special Term, New York County.

August 31, 1955.


Attorney(s) appearing for the Case

Robert L. Augenblick for Howard F. Moncrieff, defendant.

Hyman D. Lehrich, Kenneth J. Mullane and Robert Bloom for Swan-Finch Oil Corporation, defendant.

Leo Brady and Leroy C. Curtis for plaintiff.


MATTHEW M. LEVY, J.

Each defendant separately moves (with supporting affidavits) to dismiss both causes of action pleaded in the complaint, pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice, on the ground that the alleged agreement there set forth is unenforcible under the Statute of Frauds; and to dismiss the second cause of action, pursuant to subdivision 4 of rule 106, on the ground that...

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