Friedman v. Markman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStevens, J.
This is an appeal by the defendants from an order which denied a cross motion to dismiss the complaint for insufficiency and granted the plaintiff’s motion to strike out the affirmative defense of the Statute of Frauds.
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Plaintiff, describing himself as a life insurance agent, asserts that defendants, who previously sought unsuccessfully to obtain life insurance, agreed with him that should he obtain life insurance in the desired amount they would accept the policies and pay the premiums therefor. Plaintiff alleges he did obtain policies, effective upon payment of premiums, but that…
2Cases cited8 opinions
- Meltzer v. KoenigsbergNew York Court of Appeals · 1951
- Pease & Elliman, Inc. v. Gladwin Realty Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Goldberg v. Colonial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1954
- Arndt v. Miller, Daybill & Co.Appellate Terms of the Supreme Court of New York · 1905
- Goldberg v. Colonial Life Insurance Co. of AmericaNew York Court of Appeals · 1955
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3Cited by4 opinions
- Lumbermens Mutual Casualty Co. v. Franey Muha Alliant Insurance ServicesDistrict Court, S.D. New York · 2005
- Spiro v. PenceAlbany City Court · 1991
- Augustin v. GilotCivil Court of the City of New York · 1991
- Drago v. Credit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1994