SIEGEL TRADING CO., INC. v. UNGAR

No. 75 Civ. 357.

422 F.Supp. 1064 (1976)

SIEGEL TRADING CO., INC., Plaintiff, v. Jakab UNGAR, Defendant.

United States District Court, S. D. New York.

November 19, 1976.


Attorney(s) appearing for the Case

Dennis G. Katz, P.C., Spring Valley, N. Y., for plaintiff.

Ross, Suchoff, Taroff & Jason, New York City, for defendant.


LASKER, District Judge.

Defendant, formerly employed by plaintiff as a sales representative in its commodities brokerage business, has moved for summary judgment on the ground that plaintiff's claim is on a "special promise to answer for the debt . . . of another" which must be, and in this case is not, evidenced by a signed memorandum under the New York Statute of Frauds, General Obligations Law § 5-701. Plaintiff argues that it was and is industry practice...

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