Legal Opinion
Benvenuto v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 1951PublishedCited by 6 opinions
1Opinion of the CourtGlennon, J.
Plaintiff has appealed from a judgment entered upon an order granting defendant’s motion under rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.
The action is for specific performance of a written contract annexed to the complaint, whereby plaintiff agreed to purchase and defendant agreed to sell an automatic laundry business on terms and conditions therein set forth. The complaint alleges the making of the contract; payment of $3,000 in escrow as required by the agreement; plaintiff’s…
2Cases cited5 opinions
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
- Outlet Embroidery Co. v. Derwent Mills, Ltd.New York Court of Appeals · 1930
- Heller & Henretig, Inc. v. 3620-168th Street, Inc.New York Court of Appeals · 1951
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
- Dady v. . O'RourkeNew York Court of Appeals · 1902
3Cited by6 opinions
- Fortis Financial Services, LLC v. Fimat Futures USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Goodridge v. Harvey Group, Inc.District Court, S.D. New York · 1991
- Daitch Crystal Dairies, Inc. v. NeislossNew York Supreme Court · 1959
- Bidwell v. LongAppellate Division of the Supreme Court of the State of New York · 1961
- Carfizzi v. United Transportation Co. of Rhode IslandAppellate Division of the Supreme Court of the State of New York · 1964
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