Berg v. Moskowitz

270 A.D. 838 Court N.Y. App. Div. Decision date 1946-03-22 English

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p. 838

Emanuel Berg, Respondent, v. David Moskowitz, Appellant, et al., Defendants.

In view of the nature of the complaint, the question as to whether the alleged contract contravenes the Statute of Frauds should await determination at a trial where there may be a full adducement of all pertinent facts. Order unanimously affirmed, with $20 costs and disbursements. Present — Martin, P. J., Dore, Cohn, Callahan and Peck, JJ.