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LENZ v. WORLD-WIDE AUTOS. CORP.

9 Misc.2d 32 (1957)

George J. Lenz, Plaintiff, v. World-Wide Automobiles Corporation, Defendant.

Supreme Court, Special Term, Niagara County.

November 8, 1957.

Attorney(s) appearing for the Case

Thomas J. Hanifin, Jr., Hilary P. Bradford, and Mervin Rosenman for defendant.

Salem G. Mansour for plaintiff.

REGIS O'BRIEN, J.

Motion for an order dismissing the complaint pursuant to rule 112 of the Rules of Civil Practice on the ground that the agreement upon which the complaint is based is void and unenforcible because not in writing (Personal Property Law, § 31, subd. 1). Said section, insofar as material to this matter, provides:

"Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and...

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