WARNER BROS. PICTURES v. SIMON


39 Misc.2d 853 (1963)

Warner Bros. Pictures, Inc., Plaintiff, v. Neil Simon et al., Defendants.

Supreme Court, Special Term, New York County.

June 14, 1963


Attorney(s) appearing for the Case

Joseph D. Karp for plaintiff. Albert I. Da Silva for Neil Simon and another, defendants. Simpson, Thacher & Bartlett (Whitney North Seymour, Jr., and Livingston T. Coulter of counsel), for Paramount Pictures Corp., defendant.


JOSEPH A. SARAFITE, J.

Defendants move pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the contract upon which the causes of action are based is unenforcible under the Statute of Frauds.

The complaint alleges two causes of action arising out of the same transaction. The first cause of action, brought against the individual defendant Neil...

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