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WELLS v. DENT

4 A.D.2d 307 (1957)

Chandler Wells, Appellant, v. Harry M. Dent, Respondent

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

July 12, 1957.

Attorney(s) appearing for the Case

Frank G. Raichle and Arnold Weiss for appellant.

Clarence R. Runals for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and GOLDMAN, JJ.

McCURN, P. J.

This appeal is from an order and a judgment dismissing the plaintiff's complaint upon a motion, pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act upon the ground that the causes of action set forth in the complaint are barred by the Statute of Frauds (Personal Property Law, § 31, subd. 10).

The first cause of action set forth in plaintiff's complaint is upon an express oral contract...

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