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FRIEDMAN v. MARKMAN

11 A.D.2d 57 (1960)

Irving Friedman, Respondent, v. Michael Markman et al., Appellants

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

June 14, 1960.

Attorney(s) appearing for the Case

Maurice Gellar of counsel (Rosenbaum & Gellar, attorneys), for appellants.

William B. Aronstein of counsel (Richard L. Aronstein with him on the brief; Aronstein & Aronstein, attorneys), for respondent.

RABIN, J. P., VALENTE, McNALLY and BERGAN, JJ., concur with STEVENS, J.; VALENTE, McNALLY, BERGAN and STEVENS, JJ., also concur in concurring opinion by RABIN, J. P.

STEVENS, J.

This is an appeal by the defendants from an order which denied a cross motion to dismiss the complaint for insufficiency and granted the plaintiff's motion to strike out the affirmative defense of the Statute of Frauds.

Plaintiff, describing himself as a life insurance agent, asserts that defendants, who previously sought unsuccessfully to obtain life insurance, agreed with him that should...

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