Jacobson v. Jacobson

Full title: GUSTAVE S. JACOBSON, Appellant, v. VICTOR JACOBSON, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 1944

268 App. Div. 770 (N.Y. App. Div. 1944)

Opinion

June 28, 1944.

Appeal from Supreme Court, New York County.

Present — Martin, P.J., Townley, Glennon, Untermyer and Cohn, JJ.

Per Curiam.

There is here a controversy as to the existence, the content and effect of the oral agreement. Whether the contract, if made, is void and unenforcible under the Statute of Frauds (Personal Property Law, § 31, subd. 1), can be best determined upon a trial of the issues.

The order and the judgment should be reversed, with costs, and the motion for summary judgment denied.

Per Curiam.

Judgment and order unanimously reversed, with costs, and the motion denied. [See post, p. 848.]