Appellate Division of the Supreme Court of New York, 1944

Jacobson v. Jacobson

Jacobson v. Jacobson
Appellate Division of the Supreme Court of New York · Decided June 28, 1944
268 A.D. 770; 49 N.Y.S.2d 166
Jacobson v. Jacobson

Opinion of the Court

Per Curiam.

There is here a controversy as to the existence, the content and effect of the oral agreement. Whether the contract, if made, is void and unenforeible under the Statute of Frauds (Personal Property Law, ยง 31, subd. 1), can be best determined upon a trial of the issues.

The order and the judgment should be reversed, with costs, and the motion for summary judgment denied.

Present โ€” Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ.

Judgment and order unanimously reversed, with costs, and the motion denied. [See post, p. 848.]

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