Warner Bros. Pictures, Inc. v. Simon

Defendants move pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the contract upon which the causes of action are based is unenforcihle under the Statute of Frauds.

*854The complaint alleges two causes of action arising out of the same transaction. The first cause of action, brought against the individual defendant Neil Simon and a corporation controlled by him, Ellen Enterprises, Inc., charges the breach of an oral agreement to license motion picture rights in a play written by Simon. The alleged contract was entered into in…