MOFSKY v. GOLDMAN


3 A.D.2d 311 (1957)

Myna Mofsky, Respondent, v. Gertrude C. Goldman, as Executrix of Harry Goldman, Deceased, Appellant

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

March 20, 1957.


Attorney(s) appearing for the Case

Nicholas E. Brown and William B. Gelb for appellant.

Ruben A. Dankoff and Justen L. Vigdar for respondent.

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


VAUGHAN, J. P.

Defendant, sued as executrix of the estate of Harry Goldman, appeals from an order granting plaintiff's motion to strike from the answer four defenses for insufficiency in law.

The complaint alleges that plaintiff and Harry Goldman were respectively the daughter and son of Rose Goldman, and that in 1944 the three of them executed the contract annexed to the complaint as exhibit A. That agreement...

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