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MORGENSTERN v. COHON

285 A.D. 1124 (1955)

Frank N. Morgenstern, Respondent, v. Morris Cohon, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 10, 1955.

MEMORANDUM BY THE COURT.

For the reasons stated by Special Term this action should await trial to develop all the facts and circumstances surrounding the making of the agreement in order to determine whether or not it is illegal. The order appealed from should be affirmed.

RABIN, J. (dissenting).

The contract as pleaded is one that may not be enforced. The complaint alleges that the defendant requested the plaintiff to purchase 16,500...

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