Legal Opinion
Buddman Distributors, Inc. v. Labatt Importers, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1982PublishedCited by 20 opinions
1Opinion of the Court
— Order unanimously affirmed, with costs. Memorandum: Defendant, Labatt Importers, appeals from an order denying its motion to dismiss the complaint on the ground of the Statute of Frauds (CPLR 3211, subd la], par 5). The complaint, liberally construed, alleges an oral contract whereby the defendant gave the plaintiff the right to distribute defendant’s products and promised not to terminate the distributorship unless plaintiff failed to correct a breach of the contract after being given notice of the breach. Plaintiff contends that the contract is not within the Statute of Frauds since it…
2Cases cited5 opinions
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Zupan v. BlumbergNew York Court of Appeals · 1957
- Swerdloff v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
- Rosen v. Samuel Greenfield Co.Appellate Division of the Supreme Court of the State of New York · 1966
3Cited by20 opinions
- Ackerman v. LandesAppellate Division of the Supreme Court of the State of New York · 1985
- D & N Boening, Inc. v. Kirsch Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Zuccarini v. Ziff-Davis Media, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- CBS, Inc. v. AhernDistrict Court, S.D. New York · 1985
- The Matter of the Estate of Edmund Felix Hennel , , Also Known as Edmund HennelNew York Court of Appeals · 2017
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