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TARENZI v. MAXWELL

21 Misc.2d 185 (1959)

Serge Tarenzi, Plaintiff, v. Robert E. Maxwell, Individually, as Administrator C. T. A. of The Estate of Arthur Mutscheller, Deceased, and as Executor of Louise B. Mutscheller, Deceased, Defendant.

Supreme Court, Special Term, Queens County.

June 29, 1959.

Attorney(s) appearing for the Case

Edmund C. Burke for defendant.

John F. Fitzsimons for plaintiff.

PETER M. DALY, J.

Motion by defendant sued individually and as a fiduciary for an order (1) dismissing the complaint on the ground that this court has not jurisdiction of the subject matter, or, in its discretion, should decline to accept jurisdiction; (2) dismissing the complaint on the ground that the contract sued upon is unenforcible under the Statute of Frauds; (3) dismissing the complaint on the ground that it does not

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