Legal Opinion
Valley Cadillac Corp. v. Dick
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1997PublishedCited by 10 opinions
1Opinion of the Court
—Order unanimously reversed and judgment insofar as appealed from reversed on the law without costs, motion granted and complaint dismissed. Memorandum: City Court erred in denying defendant’s motion, made at the conclusion of plaintiff’s case-in-chief, to dismiss the complaint insofar as it purported to assert a cause of action for breach of a contractual warranty. The complaint in this case is a formal pleading "as in supreme court practice” (UCCA 902 [a]). "A complaint for breach of contract must allege the provisions of the contract upon which the claim is based” (Copeland v Weyerhaeuser…
2Cases cited2 opinions
- Chrysler Capital Corp. v. Hilltop Egg Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Copeland v. Weyerhaeuser Co.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by10 opinions
- Catalano v. Heraeus Kulzer, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Parker v. Raymond Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Mangano v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 2013
- M&T Bank Corp. v. Gemstone CDO VII, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Barrett v. GrendaAppellate Division of the Supreme Court of the State of New York · 2017
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