STARR v. FREEPORT DODGE


54 Misc.2d 271 (1967)

Harry Starr, Plaintiff, v. Freeport Dodge, Inc., et al., Defendants.

District Court of Nassau County, First District.

July 3, 1967


Attorney(s) appearing for the Case

Harry Starr, plaintiff in person. Nizza & Klemanowicz for defendants.


BERNARD TOMSON, J.

These cross motions for summary judgment raise, apparently for the first time in this State, the important question as to whether, under the Uniform Commercial Code, part payment exempts an indivisible contract from the operation of the Statute of Frauds. The issue seems to have been considered in only one reported case, Williamson v. Martz (11 Pa. D. & C. 2d 33 [1956]).

Plaintiff's action is for breach of contract...

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