ALTIMARI, INC. v. HOCHBERG


59 Misc.2d 601 (1969)

Antonio Altimari, Inc., Plaintiff, v. Howard Hochberg et al., Individually and as Partners Doing Business under the Name of Ivy Homes, et al., Defendants.

District Court of Nassau County, Second District.

April 9, 1969


Attorney(s) appearing for the Case

Albert A. Dupont for plaintiff. Morris Rosenblum for defendants.


HAROLD FERTIG, J.

This action was brought by the plaintiff corporation against the defendants to recover the balance due on a contract for certain work, labor and services. At the conclusion of the trial, on motion of the plaintiff, a second cause of action was pleaded alleging a guarantee by the defendants to pay for certain work to be performed by plaintiff. The defense of Statute of Frauds was interposed. The masonry work agreed upon was to be completed...

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