Legal Opinion
National Committee on Observance of Mother's Day, Inc. v. Kirby, Block & Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 1962PublishedCited by 5 opinions
1Per curiam
The complaint contains three causes of action. The defendants moved to dismiss the first cause of action. The plaintiff cross-moved for summary judgment on the second and third causes of action. The court denied defendants’ motion to dismiss and granted plaintiff’s cross motion as regards the second cause of action only. The denial of the motion as regards the third cause of action has not been appealed from.
The first cause of action is in equity for an accounting and arises out of a contract between the parties. The contract is a rather unusual one. Defendants are in the business of…
2Cases cited3 opinions
- Terner v. Glickstein & Terner, Inc.New York Court of Appeals · 1940
- Fleder v. ItkinNew York Court of Appeals · 1945
- Hutchinson v. BirdsongAppellate Division of the Supreme Court of the State of New York · 1925
3Cited by5 opinions
- Waldman v. Englishtown Sportswear, Ltd.Appellate Division of the Supreme Court of the State of New York · 1983
- Rodgers v. Roulette Records, Inc.District Court, S.D. New York · 1988
- Gersten-Hillman Agency, Inc. v. HeymanAppellate Division of the Supreme Court of the State of New York · 2009
- Sanshoe Trading Corp. v. Mitsubishi International Corp.New York Supreme Court · 1984
- Byrd v. BrownCourt of Appeals for the Second Circuit · 2004