Grossman v. . Schenker
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion to dismiss the second cause of action for failure to state facts sufficient to constitute a cause of action should have been granted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion to dismiss the second cause of action for failure to state facts sufficient to constitute a cause of action should have been granted. (C. & G. E. R. R. Co. v. Dane, 43 N. Y. 240; Hurd v. Gill, 45 N. Y. 341; Pope v. Terre Haute Car & Mfg. Co., 107 N. Y. 61; Tooker v. Arnoax, 76 N. Y. 307;…
1Opinion of the CourtVann, J.
But one question worthy of discussion is presented by this appeal and that depends on the second count of the complaint, which is as follows: “ That heretofore, at the City of Yew York, to wit, on or about the 1st day of June, 1909, the above named defendant entered into an agreement with this plaintiff herein and whereby the said defendant agreed to employ this plaintiff to superintend the work of altering the buildings § 138-40 E. 40th Street, in the Borough of Manhattan, City of Yew York, of which said buildings the said defendant was then the owner, and in and upon which said buildings…
2Cases cited14 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Justice v. . LangNew York Court of Appeals · 1870
- Butler v. ThomsonSupreme Court of the United States · 1876
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Cullen Fuel Co. v. W. E. Hedger, Inc.Supreme Court of the United States · 1933
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