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PORTNOY v. VICCHIOLLA

18 Misc.2d 1026 (1959)

Martin Portnoy, Plaintiff, v. Maria Vicchiolla, Defendant. Howard Curtis et al., Intervenors.

Supreme Court, Special Term, Nassau County.

May 22, 1959.

Attorney(s) appearing for the Case

Maurice Brandt for plaintiff.

Schetting & Schettino for defendant.

Morris A. Cohen for intervenors.

MARCUS G. CHRIST, J.

Motion to dismiss the complaint pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice.

The action is for specific performance of a contract for the sale of real property. The alleged written agreement (a binder) was signed by Vincent Vicchiolla, the husband of the defendant, and he is named therein as the seller. Therefore, the defendant contends that the agreement...

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