BAKST-FRIEDBERG, INC. v. PICARIELLO & SINGER, INC.


8 Misc.2d 728 (1957)

Bakst-Friedberg, Inc., Respondent, v. Picariello & Singer, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

February 20, 1957.


Attorney(s) appearing for the Case

Sidney Orenstein for appellant.

Saul Friedberg for respondent.

HOFSTADTER, STEUER and AURIELIO, JJ., concur.


Per Curiam.

The papers in opposition to the motion to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice failed to present the document or written memorandum relied upon by plaintiff to satisfy the Statute of Frauds. Moreover such alleged document or memorandum was not produced before the court below either physically or by a copy thereof and appears nowhere in the record here. The mere statement of plaintiff that a writing sufficient...

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