Legal Opinion

Lerman v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 1952PublishedCited by 4 opinions

1Opinion of the Court

— Plaintiff appeals from an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action. The motion to dismiss was granted at Special Term on the theory that the action was an equitable one and that plaintiff had an adequate remedy at law. Order reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. Defendants may answer within ten days from the entry of the order hereon. The complaint contains two causes of action. The first is against the licensee and a corporation which is his alter ego for an accounting for…

2Cases cited2 opinions

  1. Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
  2. Schauder v. WeissAppellate Division of the Supreme Court of the State of New York · 1948

3Cited by4 opinions

  1. Debby Junior Coat & Suit Co. v. Wollman Mills, Inc.New York Supreme Court · 1955
  2. Dot Mort Holding Corp. v. Town of MamaroneckNew York Supreme Court · 1957
  3. Long Island Railroad v. City School DistrictAppellate Division of the Supreme Court of the State of New York · 1961
  4. Woolf v. ReedAppellate Division of the Supreme Court of the State of New York · 1962

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