Legal Opinion
Jacobs v. Lewis
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 1999PublishedCited by 12 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about April 8, 1998, which granted the motion of defendant Elaine Lewis to dismiss the complaint as against her pursuant to CPLR 3211 (a) (7) and 3212, unanimously affirmed, with costs.
The motion court properly found, plaintiffs’ conclusory assertions to the contrary notwithstanding (see, Capelin Assocs. v Globe Mfg. Corp., 34 NY2d 338, 342), that defendant Lewis was not a party to and, accordingly, was not bound by the subject contract. The court also correctly concluded that the complaint failed to state a cause of…
2Cases cited5 opinions
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- DH Cattle Holdings Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- 200 East End Avenue Corp. v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1958
- 200 E. END AVE. CORP. v. Gen. Elec. Co.New York Court of Appeals · 1959
3Cited by12 opinions
- Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
- High Tides, LLC v. DeMicheleAppellate Division of the Supreme Court of the State of New York · 2011
- Hollinger International, Inc. v. BlackCourt of Chancery of Delaware · 2004
- Mandarin Trading Ltd. v. WildensteinAppellate Division of the Supreme Court of the State of New York · 2009
- Greenberg v. ChrustDistrict Court, S.D. New York · 2003
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