PALMA v. PALMA


17 Misc.2d 153 (1959)

Ned Palma, Plaintiff, v. Jean Palma, Defendant.

Supreme Court, Special Term, Kings County.

March 23, 1959.


Attorney(s) appearing for the Case

Barry, Barry & Barry for plaintiff.

Ralph Heyman for defendant.


JACOB J. SCHWARTZWALD, J.

Motion by plaintiff pursuant to rule 109 of the Rules of Civil Practice to strike from the amended answer the first and second separate defenses, which are based upon the Statute of Frauds, as insufficient in law.

The complaint, which sets forth two causes of action, sounds in equity and is predicated upon the theory of a constructive trust. The first cause of action alleges...

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