WOHL v. MILLER


5 A.D.2d 126 (1957)

Joseph S. Wohl, Appellant, v. Benjamin Miller et al., Respondents

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

December 17, 1957.


Attorney(s) appearing for the Case

Simon H. Rifkind of counsel (Jay H. Topkis and Joseph Katz with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant.

Mortimer Hays of counsel (Mortimer Feuer, Martin Mensch and Joseph A. Doran with him on the brief; Hays, Podell, Algase, Crum & Feuer, attorneys), for respondents.

BREITEL, J. P., RABIN, BERGAN and BASTOW, JJ., concur.


McNALLY, J.

Plaintiff appeals from an order granting summary judgment in favor of the defendants. The complaint herein alleges three claims as bases for the relief sought by the plaintiff individually and in behalf of the defendant, Perma Realty Corp. They are: (1) The original issue of 90 shares of stock of Perma to Elias A. Cohen, now deceased, was in consideration of his undertaking, evidenced by writing dated...

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