In re the Estate of Douglas

Delehanty, S.

By a prior decision of this court (169 Misc. 716) the cause of action of the plaintiff was dismissed on the ground that it was unenforcible because based upon an alleged oral contract the performance of which was not to be completed before the end of a lifetime. In the answer interposed to the complaint the executor of deceased made a counterclaim for 2,500 shares of the capital stock of a business corporation and asked delivery of such shares and damages for the detention thereof by the plaintiff. A motion is now made by defendant executor for summary judgment in its favor upon…