FONTHEIM v. SALOMON


28 Misc.2d 984 (1961)

Kurt E. Fontheim, Plaintiff, v. Robert Salomon, Defendant.

Supreme Court, Special Term, New York County.

March 23, 1961


Attorney(s) appearing for the Case

Garfield, Salomon & Mainzer (Jacob Freed Adelman and Elliott J. Salomon of counsel), for defendant. Hetkin, Jervis & Hetkin (Harry L. Barshay of counsel), for plaintiff.


THOMAS A. AURELIO, J.

Defendant moves for dismissal of each cause for legal insufficiency and for dismissal of the first cause upon the further ground that the contract on which it is founded is unenforcible under the Statute of Frauds and, further, pursuant to rules 106, 211 and 212 of the Rules of Civil Practice, striking out certain portions of the prayer of relief with respect to each cause of action and...

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