Elsfelder v. Cournand
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
The basis of appellant’s motion for summary judgment to dismiss the complaint is that the contract sued on is void under the Statute of Frauds (Personal Property Law, § 31, subd. 1).
The action is brought to recover commissions. Respondent, who is the employee, alleges that in January, 1944, he entered into an oral agreement with Plastics Mbulding Corporation, a Delaware corporation; that the corporation was dissolved on October 17,1944, and that before its dissolution the obligations of the corporation under the agreement were assumed by appellant, who is the employer.
Respondent claims that…
2Cases cited9 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Cohen v. Bartgis Bros.Appellate Division of the Supreme Court of the State of New York · 1942
- Cohen v. Bartgis Brothers CompanyNew York Court of Appeals · 1943
- Kent v. . KentNew York Court of Appeals · 1875
- Cohen v. City Company of New YorkNew York Court of Appeals · 1940
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3Cited by45 opinions
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Ellis v. Provident Life & Accident InsuranceDistrict Court, S.D. New York · 1998
- Jack N. Entis, D/B/A Entis Associates, and Jack N. Entis, Individually v. Atlantic Wire & Cable CorporationCourt of Appeals for the Second Circuit · 1964
- Raymond Babtkis Associates, Inc. v. Tarazi Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970
- Potolski International, Inc. v. Hall's Boat Corp.Appellate Division of the Supreme Court of the State of New York · 1953
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