GUARINO v. GUARINO


3 A.D.2d 889 (1957)

Anthony Guarino, Appellant, v. Joseph Guarino et al., Respondents

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

April 17, 1957


Order reversed on the law, with $10 costs and disbursements and motion denied, with $10 costs.

Memorandum:

The first cause of action is sufficiently supported by the alleged oral agreement between the parties. Since the motion was to dismiss the complaint, and each cause of action therein, for failure to state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106, subd. 4), the defense of the...

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