Legal Opinion
Herrmann v. Seider
New York Supreme Court
Decided February 10, 1958Published
1Opinion of the CourtMichael Catalano, J.
This is a motion under rule 112 of the Buies of Civil Practice for judgment on the pleadings, made by the defendant, who contends that the complaint does not state facts sufficient to constitute a cause of action, and that the contract upon which it is founded is not enforcible under the Statute of Frauds.
The complaint alleges, in effect, that the defendant owns and operates “ a business for the sale of wine and liquor at retail known as ‘ Seider’s Liquors ’ at 13 Hamburg Shopping Center, Hamburg, New York; ” that the defendant is the assignee of a written lease to said premises, expiring…
2Cases cited19 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Farago v. BurkeNew York Court of Appeals · 1933
- Schwartz v. GreenbergNew York Court of Appeals · 1952
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- 1130 President St. Corp. v. Bolton Realty Corp.New York Court of Appeals · 1949
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