GABBAY v. ACKERMAN


66 A.D.2d 813 (1978)

Abe Gabbay, Respondent, v. Milton Ackerman et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 1978


Judgment reversed, on the facts, and new trial granted, with costs to abide the event.

Plaintiff sought to prove that an oral agreement was reached with defendants whereby plaintiff would set up an account with Shields and Company in defendants' names and control the purchase and sale of shares of stock. Defendants allegedly agreed to keep the account capitalized and pay plaintiff 50% of the profits realized on stock transactions over the years 1967-1969. In our view...

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