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Weiss v. Weiss

268 A.D. 1059 Court N.Y. App. Div. Decision date 1945-01-15 English

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p. 1059
Herman Weiss, Respondent, v. Martin Weiss et al., Appellants.

Order denying motion to dismiss the complaint for insufficiency and pursuant to rule 107 of the Rules of Civil Practice, reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs; The Statute of Frauds is a bar to the maintenance of the action. (See Weiss v. Weiss, ante, p. 1058, decided herewith.) Close, P. J., Hagarty, Johnston, Lewis and Aid-rich, JJ., concur.