Doctors v. Freidus

Motion, pursuant to rules 106 and 107 of the Rules of Civil Practice, for an order dismissing the complaint herein on the ground that the alleged contract sued upon is unenforcible under the Statute of Frauds. Insofar as relief is sought under rule 106 of the Rules of Civil Practice, it must be denied. (Hoffman v. Mittleman, 147 Misc. 442.)

The complaint alleges that the defendant Freidus as the owner, and the corporate defendant as auctioneer, offered certain real property for sale at a public auction and represented that the said sale would be absolute and unconditional; that plaintiff’s bid…