MEITCHIK v. PHILIPS


13 Misc.2d 439 (1958)

Sam Meitchik, Respondent, v. David J. Philips, Appellant.

Supreme Court, Appellate Term, Second Department.

June 17, 1958.


Attorney(s) appearing for the Case

Earl Harrison for appellant.

Irving M. Berry for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The judgment should be unanimously reversed on the law and facts, with $30 costs to the defendant, and complaint dismissed, with appropriate costs in the court below. The terms of the written agreement were clear and unambiguous. The purported oral modification thereof was without consideration (Melnick v. Kukla, 228 App. Div. 321) and was otherwise unenforcible under the Statute of Frauds (Personal Property Law, § 31, subd. 1; Martocci...

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