Non-Linear Trading Co. v. Braddis Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rubin, J.
In this action, plaintiff Non-Linear Trading Company seeks to recover its initial capital contribution in a partnership that was unsuccessful in achieving the main purpose for which it was formed. Supreme Court dismissed the complaint, finding the agreement sued upon to be indefinite. While this Court concludes that the contract is enforceable, the terms of the agreement afford plaintiff no right to relief and, therefore, the cause of action for breach of contract was properly dismissed. The defect in performance alleged to comprise the breach—the failure to…
2Cases cited47 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
- Lanzi v. BrooksNew York Court of Appeals · 1977
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3Cited by110 opinions
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- First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- WIT Holding Corp. v. KleinAppellate Division of the Supreme Court of the State of New York · 2001
- Century Pacific, Inc. v. Hilton Hotels Corp.District Court, S.D. New York · 2007
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