Zwirn v. Galento
New York Court of Appeals
1Opinion of the CourtRippby, J.
This action was brought by the administrator of
Joe Jacobs to recover for services rendered by Jacobs as manager of the prize-fighter, Tony Calentó. The amended complaint was dismissed under rule 106 of the Rules of Civil Practice on the ground that it failed to state facts sufficient to constitute a cause of action. The facts alleged with all inferences reasonably to be derived therefrom must be taken as true (Dun & Bradstreet, Inc., v. City of New York, 276 N. Y. 198).
Two causes of action are set up in the complaint, the first based upon a written contract made in the State of New York and…
2Cases cited13 opinions
- Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
- Harris v. . WhiteNew York Court of Appeals · 1880
- People v. . HawkinsNew York Court of Appeals · 1898
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
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- Auten v. AutenNew York Court of Appeals · 1954
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- Don King Productions, Inc. v. DouglasDistrict Court, S.D. New York · 1990
- Matter of Hines v. State Board of ParoleNew York Court of Appeals · 1944
- Intercontinental Hotels Corp. v. GoldenNew York Court of Appeals · 1964
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