COHN, IVERS & CO. v. GROSS


56 Misc.2d 491 (1968)

Cohn, Ivers & Co., Inc., Respondent, v. Nathan Gross, Appellant.

Supreme Court, Appellate Term, Second Department.

April 17, 1968


Attorney(s) appearing for the Case

Nathan Gross, appellant in person, and Maurice W. Bernstein for appellant. Allan N. Worby for respondent.

Concur — McDONALD, P. J., and GROAT, J.


DOMINIC S. RINALDI, J.

Defendant appeals from a judgment after trial awarding plaintiff the sum of $1,500, found to be due for an alleged breach of a contract whereby defendant granted plaintiff a "call" on 100 shares of stock of the SCM Corporation (SCM) owned by defendant at the time the contract is alleged to have been made. Defendant denied the claim and also pleaded the Statute of Frauds.

Plaintiff is a "put and call" broker. It is undisputed...

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