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Flanagan v. Murphy

284 A.D. 964 Court N.Y. App. Div. Decision date 1954-11-01 English

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p. 964
Richard Flanagan, Respondent, v. John D. Murphy, Appellant.

In an action, under an oral contract of joint venture, for the appointment of a receiver of the assets thereof, for an accounting, and for other relief, defendant appeals from an order denying his motion under rule 107 of the Rules of Civil Practice to dismiss the complaint upon the ground that said contract is unenforcible under the Statute of Frauds. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ., concur.