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SWERDLOFF v. MOBIL OIL

74 A.D.2d 258 (1980)

Mitchell Swerdloff et al., Appellants, v. Mobil Oil Corporation et al., Respondents Station Managers, Inc., Respondent, v. Mitchell Swerdloff, Appellant

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

April 28, 1980

Attorney(s) appearing for the Case

Richard Creditor for appellants.

Putney Twombly Hall & Hirson (Charles O. Strahley of counsel), for respondents.

TITONE, J. P., GULOTTA, MARGETT and O'CONNOR, JJ., concur.

Per Curiam.

In the first and fourth causes of action, plaintiffs seek damages for breach of an alleged oral contract of dealership for a gasoline service station and for specific performance thereof. (The other causes of action had previously been dismissed and are not before this court.) At the close of the plaintiffs' case, Special Term dismissed the first and fourth causes of action on the ground that the alleged...

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