Legal Opinion

La Potin v. Julius Lang Co.

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

Decided May 23, 1968PublishedCited by 5 opinions

1Opinion of the Court

Order, entered August 30, 1967, unanimously reversed, on the law, without *528costs and disbursements, and motion for dismissal of complaint against the individual defendant, Julius Lang, granted, without costs and without disbursements, but without prejudice. Although the complaint alleges that the individual defendant was a party to the contracts for the sale of goods to plaintiff’s intestate, the documents underlying the transactions are annexed to the complaint and establish that .the sole contracting party was the corporate defendant. "Where a variance exists between the written contract and…

2Cases cited4 opinions

  1. Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
  2. Metcalf v. MetcalfAppellate Division of the Supreme Court of the State of New York · 1949
  3. Kucker v. Gates Container Corp.Appellate Division of the Supreme Court of the State of New York · 1942
  4. Kucker v. Gates Container CorporationNew York Court of Appeals · 1942

3Cited by5 opinions

  1. Dember Construction Corp. v. Staten Island MallAppellate Division of the Supreme Court of the State of New York · 1977
  2. Edison v. Viva International, Ltd.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Quatrochi v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Carey v. Toy Indus. Assn. TM, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Carey v. Toy Indus. Assn. TM, Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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