HUDSON CONTR. CORP. v. PALIOTTO


14 Misc.2d 492 (1958)

Hudson Contracting Corp., Plaintiff, v. Angelo J. Paliotto, Defendant.

Supreme Court, Special Term, Suffolk County.

September 15, 1958.


Attorney(s) appearing for the Case

Goldberg & Lapan for plaintiff.

Weschler & Kohn for defendant.


HOWARD T. HOGAN, J.

This is a motion to dismiss the complaint on the ground that the action is barred by the Statute of Frauds.

The plaintiff asks for a decree that it be adjudged the owner of a one-third interest in lots, some of which the defendant already owned and others which he hoped to acquire on a tax sale by the County of Suffolk.

The agreement was entirely oral except for a notation which appears on a check for $5,000, which...

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