2458 BEDFORD AVE. CORP. v. BERNARD


33 Misc.2d 271 (1962)

2458 Bedford Avenue Realty Corp., Plaintiff, v. Joe Bernard, Defendant.

Supreme Court, Special Term, Queens County.

January 19, 1962


Attorney(s) appearing for the Case

Priest & Carson for defendant. Herbert M. Feinsod for plaintiff.


JAMES J. CONROY, J.

In an action to recover damages allegedly sustained as a result of the breach of a contract to enter into a lease, the defendant moves to dismiss the complaint on the ground that the contract is unenforcible under the provisions of the Statute of Frauds.

The defendant, in an affidavit in support of the instant motion, argues that the contract which bottoms the plaintiff's cause of action was oral, and, therefore, is unenforcible...

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