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RUBENSTEIN v. ROSENTHAL

140 A.D.2d 156 (1988)

Melvin E. Rubenstein, Respondent, v. Imre J. Rosenthal et al., Appellants

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

May 3, 1988

Defendant Imre Rosenthal does not deny that he executed the letter dated August 1, 1972 in which he unequivocally and unconditionally granted plaintiff 10% of the profit of the clearly specified venture. In his affidavit in opposition to plaintiff's motion, Mr. Rosenthal admits that he delivered the letter to Mr. Rubenstein with the intent to reward him. Rosenthal opposes the motion, however, by attempting to raise the legal defense...

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