Okin v. Rafsky

Appellate Division of the Supreme Court of New York

Okin v. Rafsky

53 A.D.2d 822, 386 N.Y.S.2d 352, 1976 N.Y. App. Div. LEXIS 13647

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 6, 1976

StatusPublished

This text of 53 A.D.2d 822 (Okin v. Rafsky) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Okin v. Rafsky, 53 A.D.2d 822, 386 N.Y.S.2d 352, 1976 N.Y. App. Div. LEXIS 13647 (N.Y. Ct. App. 1976).

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Opinion

Order, Supreme Court, New York County, entered November 14, 1975, confirming the report of the Special Referee and directing that judgment be entered in favor of plaintiffs and judgment entered thereon November 19, 1975 for the sums demanded, together with interest, costs and disbursements, unanimously affirmed, without costs and without disbursements. The determination by the Special Referee as to the sums due and owing to each plaintiff (in favor of Louis Okin $13,965.30; in favor of Anne Okin $8,202.66) was amply and properly supported by the evidence through the testimony of Mr. Eldot, the certified public accountant who had familiarity and experience with the books and records and tax returns of the "partnerships” in [823]*823which the plaintiffs and the defendant were members. The defendant has offered no legal basis to disturb the result reached below. Moreover, the defendant may not now utilize the defense of the Statute of Frauds, inasmuch as it was not pleaded. Concur—Murphy, J. P., Lupiano, Birns, Capozzoli and Nunez, JJ.

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Order, Supreme Court, New York County, entered November 14, 1975, confirming the report of the Special Referee and directing that judgment be entered in favor of plaintiffs and judgment entered thereon November 19, 1975 for the sums demanded, together with interest, costs and disbursements, unanimously affirmed, without costs and without disbursements. The determination by the Special Referee as to the sums due and owing to each plaintiff (in favor of Louis Okin $13,965.30; in favor of Anne Okin $8,202.66) was amply and properly supported by the evidence through the testimony of Mr. Eldot, the certified public accountant who had familiarity and experience with the books and records and tax returns of the "partnerships” in [823]*823which the plaintiffs and the defendant were members. The defendant has offered no legal basis to disturb the result reached below. Moreover, the defendant may not now utilize the defense of the Statute of Frauds, inasmuch as it was not pleaded. Concur—Murphy, J. P., Lupiano, Birns, Capozzoli and Nunez, JJ.

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Bluebook (online)

53 A.D.2d 822, 386 N.Y.S.2d 352, 1976 N.Y. App. Div. LEXIS 13647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/okin-v-rafsky-nyappdiv-1976.