WOLFKEIL v. JAMOCO AIR CONDITION. CORP.


19 Misc.2d 655 (1959)

Richard R. Wolfkeil et al., Plaintiffs, v. Jamoco Air Conditioning Corp. et al., Defendants.

Supreme Court, Special Term, Queens County.

July 28, 1959.


Attorney(s) appearing for the Case

Stoll & Togut (David H. Stoll of counsel), for Westinghouse Electric Corporation, defendant.

Julius Haimowitz for plaintiffs.

Armand Kolodny for Jamoco Air Conditioning Corp. and others, defendants.


HENRY J. LATHAM, J.

The defendant, Westinghouse Electric Corporation, moves against the plaintiffs' amended complaint, pursuant to rule 107 of the Rules of Civil Practice, to dismiss the second and third causes of action as against it, on the basis of the Statute of Frauds, and pursuant to rule 106, on the ground that they do not set forth facts sufficient to constitute a cause of action.

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