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GORDON v. KLEINMAN

29 Misc.2d 281 (1961)

John G. Gordon et al., Plaintiffs, v. Joseph C. Kleinman et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 27, 1961

Attorney(s) appearing for the Case

James D. C. Murray for defendants. Steinbugler, Joyce & Scully for plaintiffs.

MARIO PITTONI, J.

Motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action is denied.

The complaint alleges: that the plaintiffs in November, 1958 listed real property with defendant Joseph C. Kleinman for sale at a price of $14,700; that thereafter the property was sold for $14,300 to one "Ellen Kaufman," who was in fact Ellen Kleinman, the wife of the defendant Joseph C. Kleinman; that said relationship...

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