Majority
p. 889(February 11, 1963) Abraham I. Sultan, Appellant, v. Lamport Co., Respondent.
Order entered on February 28, 1962, dismissing, on the merits, the first cause of action in the amended complaint, and the judgment entered thereon, unanimously affirmed, with costs to respondent. Concur — Breitel, J. P., Valente, McNally and Stevens, JJ.; Rabin, J., concurs for affirmance solely on the ground that the Statute of Frauds precludes recovery on the first cause of action. [ 34 Misc 2d 763 .]
Cases cited
- Sultan v. Lamport Co. 34 Misc 2d 763 p. 889