PAPAIOANNOU v. BRITZ


285 A.D. 596 (1955)

Epaminondas K. Papaioannou et al., Appellants, v. Stephan P. Britz, Respondent

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

April 13, 1955.


Attorney(s) appearing for the Case

Leonard Hemley of counsel (Morris L. Wolf with him on the brief; House, Grossman, Vorhaus & Hemley, attorneys), for appellants.

Jerome I. Hyman of counsel (Louis Gischner with him on the brief; Louis Gischner, attorney), for respondent.

PECK, P. J., COHN, BASTOW and RABIN, JJ., concur.


BREITEL, J.

Plaintiffs' complaint was dismissed by the court at the close of their proof, upon a jury trial, on the ground that the written memoranda received in evidence did not satisfy the Statute of Frauds. They appeal.

The action was brought on an alleged oral antenuptial agreement between the prospective bridegroom and the wife's brother, natives of Greece, but residents of New York City. The brother...

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