BREGOFF v. RUBIEN


12 A.D.2d 92 (1960)

Isidor Bregoff, Respondent, v. Abner J. Rubien, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1960.


Attorney(s) appearing for the Case

Edward A. Winkelman of counsel (Winkelman & Winkelman, attorneys), for appellant.

Charles H. Tuttle of counsel (Marshall L. Rosenberg, attorney), for respondent.

BREITEL, J. P., VALENTE, EAGER and NOONAN, JJ., concur in Per Curiam opinion; RABIN, J., dissents and votes to affirm in opinion.


Per Curiam.

The predicate of plaintiff's suit is a settlement agreement dated May 10, 1946 wherein defendant contracted to pay $25,000 to satisfy a judgment, for a much larger amount, which had been obtained against him by plaintiff in an accounting action. Under that agreement, a copy of which is annexed to the amended complaint, defendant paid $4,000 down, and as to the balance of $21,000, defendant agreed as follows...

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