KLEIN v. FISHER


33 Misc.2d 290 (1961)

Frederick Klein, Plaintiff, v. Zachary Fisher et al., Defendants.

Supreme Court, Special Term, New York County.

December 26, 1961


Attorney(s) appearing for the Case

Guggenheimer & Untermyer (Harry Hoffman and Marvin E. Pollock of counsel), for plaintiff. Carb, Luria, Glassner & Cook (William M. Kufeld of counsel), for defendants.


ARTHUR MARKEWICH, J.

Plaintiff moves for summary judgment on the first cause of action contained in the amended complaint, by which plaintiff seeks a declaration that the subject lease is unenforcible under the Statute of Frauds. Defendants cross-move for summary judgment dismissing the complaint.

Plaintiff relies on the proposition that a "memorandum is inadequate where by its terms the principal is not identified, and the agent, though his name...

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