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MKD CAPITAL CORP. v. MILLER

170 Misc.2d 1002 (1996)

652 N.Y.S.2d 919

M.K.D. Capital Corp., Plaintiff, v. Reed Miller et al., Defendants.

Supreme Court, New York County.

September 20, 1996

Attorney(s) appearing for the Case

Stewart, Occhipinti & Makow, L. L. P., New York City, for defendants. Jonathan N. Fuchs, New York City, for plaintiff.

IRA GAMMERMAN, J.

Defendants move to dismiss for failure to state a cause of action, asserting that plaintiff's claim is barred by the Statute of Frauds. Plaintiff seeks compensation allegedly agreed to orally by defendants for having facilitated the purchase by defendants of real property in California. No written memorandum of the agreement exists, but plaintiff argues the Statute of Frauds does not apply...

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