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ABRUZZO v. STANPOL REALTY

20 Misc.2d 1051 (1959)

Henry J. Abruzzo, Plaintiff, v. Stanpol Realty, Inc. et al., Defendants.

Supreme Court, Special Term, Queens County.

October 28, 1959.

Attorney(s) appearing for the Case

Topkis & Povman for Norman Bahary and another, defendants.

William L. Nemcik for Stanpol Realty, Inc., and others, defendants.

Sidney H. Gittelson for plaintiff.

NICHOLAS M. PETTE, J.

All of the defendants, in two separate motions under rule 107 of the Rules of Civil Practice, move to dismiss the complaint on the ground that the alleged contract on which the cause of action is founded is unenforcible under the provisions of the Statute of Frauds.

In order to prevail in this action plaintiff must prove the existence of a written contract, or some note or memorandum...

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