Legal Opinion

Mais v. Futuristics Foods, Inc.

Civil Court of the City of New York

Decided April 18, 1977PublishedCited by 4 opinions

1Opinion of the CourtNanette Dembitz, J.

The claimant’s case from his pro se standpoint was a simple one on conceded facts: he had purchased from defendant for $3,000 a franchise in a food delivery service; he had never been able to use the franchise because defendant failed to supply the delivery service; when defendant agreed to a rescission of the franchise agreement, it only refunded $2,000 to claimant. Therefore, according to claimant, defendant owes him $1,000.1

The defense to the claim alleges an accord and satisfaction and involves a consent judgment of the United States District Court for the Southern District of New York in…

2Cases cited19 opinions

  1. Hansberry v. LeeSupreme Court of the United States · 1940
  2. Miller v. . SchlossNew York Court of Appeals · 1916
  3. Austin Instrument, Inc. v. Loral Corp.New York Court of Appeals · 1971
  4. Schank v. . SchuchmanNew York Court of Appeals · 1914
  5. Richard v. Credit SuisseNew York Court of Appeals · 1926

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3Cited by4 opinions

  1. Bankr. L. Rep. P 72,126 in Re Men's Sportswear, Inc., F/k/a Claude Clement, Ltd., Debtor. Men's Sportswear, Inc. v. Sasson Jeans, Inc.Court of Appeals for the Second Circuit · 1987
  2. Evans v. City of JohnstownNew York Supreme Court · 1978
  3. C. Itoh & Co. (America) Inc. v. F. W. Honerkamp Co.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Mais v. Futuristic Foods, Inc.Appellate Terms of the Supreme Court of New York · 1978

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