Legal Opinion

Margate Industries, Inc. v. Samincorp. Inc.

District Court, S.D. New York

Decided March 9, 1984No. 80 Civ. 5360 (MJL)PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

LOWE, District Judge.

INTRODUCTION

In this diversity action, plaintiffs by their amended complaint allege six claims arising out of a joint venture agreement with defendants. 1 There is no dispute that the parties entered into an oral joint venture to sell hardware in or about May or June 1978, with all parties expressing an intention to reduce the agreement to writing.

Plaintiffs allege that the duration of the venture was for a term of at least five years. Defendant answered by pleading, inter alia, the affirmative defense of the statute of frauds and moved under…

2Cases cited28 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
  3. Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
  4. Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
  5. Scheck v. FrancisNew York Court of Appeals · 1970

23 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United States v. Afram Lines (USA), Ltd.District Court, S.D. New York · 1994
  2. Comtomark, Inc. v. Satellite Communications Network, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  3. U S West Financial Services, Inc. v. TollmanDistrict Court, S.D. New York · 1992
  4. East River Savings Bank v. Secretary of Housing & Urban DevelopmentDistrict Court, S.D. New York · 1988
  5. Ebker v. Tan Jay International Ltd.District Court, S.D. New York · 1990

7 more not listed; retrieve them via the Exa API.

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