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Rosenberg v. Fischl

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1963
18 A.D.2d 888 (N.Y. App. Div. 1963)

Opinion

February 5, 1963


Order, entered on October 1, 1962, denying defendant-appellant's motion, pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice, to dismiss the complaint upon the ground the alleged contract upon which the action is based is unenforcible under the provisions of the Statute of Frauds, unanimously reversed, on the law, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. It is conceded that the contract to sell defendant corporation's stock for $15,000, as pleaded in the complaint, was oral; and no showing whatsoever is made in the record on appeal to support plaintiff's claim of an estoppel ( Bulkley v. Shaw, 289 N.Y. 133, 139; Werking v. Amity Estates, 2 N.Y.2d 43, 52).

Concur — Botein, P.J., Breitel, Valente, McNally and Stevens, JJ.


Summaries of

Rosenberg v. Fischl

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1963
18 A.D.2d 888 (N.Y. App. Div. 1963)
Case details for

Rosenberg v. Fischl

Case Details

Full title:LEON ROSENBERG, Individually, and as the Owner of Fifty Percent of the…

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

Date published: Feb 5, 1963

Citations

18 A.D.2d 888 (N.Y. App. Div. 1963)
237 N.Y.S.2d 544