ROSENBERG v. FISCHL


18 A.D.2d 888 (1963)

Leon Rosenberg, Individually, and as the Owner of Fifty Percent of the Outstanding Stock of The 128 East 16th Street Realty Corp., Respondent, v. Emma Fischl, Individually, and as Executrix of Ignatius Fischl, Deceased, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 5, 1963


Order, entered on October 1, 1962, denying defendant-appellant's motion, pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice, to dismiss the complaint upon the ground the alleged contract upon which the action is based is unenforcible under the provisions of the Statute of Frauds, unanimously reversed, on the law, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs.

It is conceded that the contract to sell defendant...

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