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MATTER OF DOLGIN ELDERT CORP.

31 N.Y.2d 1 (1972)

In the Matter of Dolgin Eldert Corporation. In the Matter of Kalmon Dolgin Realties, Inc. Israel M. Dolgin et al., Respondents, v. Jordan H. Dolgin et al., Appellants.

Court of Appeals of the State of New York.

Decided June 8, 1972.

Attorney(s) appearing for the Case

Howard Breindel and Jan D. Atlas for appellants individually.

Arthur W. Jaspan for appellants as executors.

Jeremiah B. Bloom, Harold Epstein and Warren B. Pesetsky for respondents.

Judges BURKE, BERGAN, JASEN and GIBSON concur with Judge BREITEL; Chief Judge FULD concurs in a separate opinion in which Judge SCILEPPI concurs.

BREITEL, J.

The issue is whether an unrecorded, unmemorialized, disputed oral agreement to settle an action and proceedings covering a large number of valuable real properties is enforceable. Except for the fact that the agreement was purportedly made in an informal conference before a court clerk and a Judge in a Judge's chambers, the issue could only be resolved one way, namely, that the agreement was unenforceable...

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