BURNSIDE & CO. v. HAVENER SEC.


25 A.D.2d 373 (1966)

Mortimer B. Burnside & Co., Inc., Appellant, v. Havener Securities Corp. et al., Respondents

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

May 10, 1966.


Attorney(s) appearing for the Case

Milton Davidoff of counsel (Stevason, Dukas & Moussouri, attorneys), for appellant.

Gordon Zimmerman of counsel (Gordon, Brady, Caffrey & Keller, attorneys), for respondents.

BOTEIN, P. J., RABIN and McNALLY, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion.


Per Curiam.

In an action for breach of an alleged oral agreement whereby defendants were to assign and deliver common stock purchase warrants to plaintiff, the defendants have been awarded summary judgment dismissing the complaint.

The alleged oral agreement was made January 9, 1965. Plaintiff alleges it to be one whereby defendants agreed to assign to plaintiff one third of the 25,000 common stock purchase...

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