SUPPLEE v. HALLANAN


14 Misc.2d 658 (1958)

P. Antoinette Supplee, Plaintiff, v. Walter S. Hallanan, Defendant.

Supreme Court, Special Term, New York County.

October 6, 1958.


Attorney(s) appearing for the Case

Alexander & Green (Donald M. Dunn and Joseph M. Callahan of counsel), for defendant.

H. Vincent Smart and Donald A. Bettex appearing specially for defendant.

William Richter and William P. Thomas for plaintiff.


JOSEPH A. GAVAGAN, J.

Defendant moves for dismissal of the complaint pursuant to rule 107 of the Rules of Civil Practice upon the ground that the contract in suit is unenforcible under the provisions of the Statute of Frauds.

The merit of the litigation is not now to be considered nor will the court undertake to characterize the action from any standpoint of rightful claim or motive, whether patent or hidden. Actually there is no dispute that...

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