NICOSIA v. MULLER


229 A.D.2d 964 (1996)

645 N.Y.S.2d 385

Peter S. Nicosia, Appellant, v. Florence G. Muller et al., as Coexecutors of The Estate of Emil Muller, Deceased, Respondents

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

July 12, 1996


Order insofar as appealed from unanimously reversed on the law with costs and motion denied in part in accordance with the following Memorandum: Plaintiff commenced this action seeking damages for breach of an alleged written agreement to provide pension benefits. Defendants moved, inter alia, for an order declaring that, because the three original copies of the written agreement cannot be found and defendants do not admit the existence of such an agreement, the Statute...

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