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Order unanimously affirmed, with $20 costs and disbursements to the respondent. The second cause o£ action is not in quantum meruit as plaintiff now suggests but rests equally upon an alleged sale of an account, which constitutes the contract pleaded in the first cause of action, which was properly dismissed under the Statute of Frauds. Present — Peck, P. J., Callahan, Yan Yoorhis and Breitel, JJ.
Document Info
Citation Numbers: 281 A.D. 654, 117 N.Y.S.2d 654, 1952 N.Y. App. Div. LEXIS 3117
Filed Date: 12/9/1952
Precedential Status: Precedential
Modified Date: 10/28/2024