BAMBACE v. BACHRACH


20 Misc.2d 173 (1959)

Albert Bambace et al., Plaintiffs, v. Rose Bachrach, Defendant.

Supreme Court, Special Term, Kings County.

November 4, 1959.


Attorney(s) appearing for the Case

Perelstein & Perelstein for plaintiffs.

Louis Bergmann for defendant.


BENJAMIN BRENNER, J.

In this action the plaintiffs vendees seek to compel specific performance of an asserted agreement for the sale of a house to them. Defendant vendor moves to dismiss the complaint upon the ground that "the contract * * * is unenforcible under the provisions of the statute of frauds" and subdivision 7 of rule 107 of the Rules of Civil Practice.

The memorandum relied on by plaintiffs...

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