Murphy v. New York Yellow Cab Co. Sales Agency Inc.

Lewis, J.:

This is a motion to dismiss the complaint on the ground that each of the causes of action set forth in the complaint is insufficient in law. There are four causes of action, each based upon a written agreement, a copy of which is fully set forth and attached to the complaint. The first two causes of action are similar and seek to recover commissions for the sale of certain cabs. The third cause of action seeks to recover damages for a breach of the contract, and the fourth cause of action seeks to recover a return of the deposit made by plaintiff’s assignor pursuant to the contract.…