Schacter v. Kass

Appellate Division of the Supreme Court of New York

Schacter v. Kass

13 A.D.2d 464, 211 N.Y.S.2d 750, 1961 N.Y. App. Div. LEXIS 12092

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

DecidedMarch 14, 1961

StatusPublished

This text of 13 A.D.2d 464 (Schacter v. Kass) 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

Schacter v. Kass, 13 A.D.2d 464, 211 N.Y.S.2d 750, 1961 N.Y. App. Div. LEXIS 12092 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order, entered on April 19, 1960, striking the second and third defenses pursuant to rule 109 of the Rules of Civil Practice, unanimously reversed, on the law, and the defenses reinstated, with $20 costs and disbursements to the appellants. To the extent that the plaintiff-respondent relies upon the unexecuted term of the partnership agreement alleged in the complaint, the defendants-appellants may be entitled to rely upon the Statute of Frauds. Whether and to what extent the plain tiff-respondent may be entitled to relief on the basis of the good will of the partnership will be best determined upon the full development of the relevant facts on the trial of this action. Concur — Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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Order, entered on April 19, 1960, striking the second and third defenses pursuant to rule 109 of the Rules of Civil Practice, unanimously reversed, on the law, and the defenses reinstated, with $20 costs and disbursements to the appellants. To the extent that the plaintiff-respondent relies upon the unexecuted term of the partnership agreement alleged in the complaint, the defendants-appellants may be entitled to rely upon the Statute of Frauds. Whether and to what extent the plain tiff-respondent may be entitled to relief on the basis of the good will of the partnership will be best determined upon the full development of the relevant facts on the trial of this action. Concur — Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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Bluebook (online)

13 A.D.2d 464, 211 N.Y.S.2d 750, 1961 N.Y. App. Div. LEXIS 12092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schacter-v-kass-nyappdiv-1961.