Legal Opinion

Moeller v. Astor Chocolate Corp.

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

Decided April 3, 1995PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the plaintiff appeals, from so much of an order of the Supreme Court, Queens County (Di Tucci, J.), dated August 27, 1993, as denied his motion for summary judgment and granted the branch of the defendant’s cross motion which was for leave to amend its answer.

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the branch of the defendant’s cross motion which was for leave to amend its answer and substituting therefor a provision denying that branch of the defendant’s cross motion; as so…

2Cases cited4 opinions

  1. Murray v. City of New YorkNew York Court of Appeals · 1977
  2. De Fabio v. Nadler Rental Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1967
  3. Balport Construction Co. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Lovette v. GlassmanAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by5 opinions

  1. Lennon v. 56th & Park(NY) Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  2. Branch v. Abraham & Strauss Department StoreAppellate Division of the Supreme Court of the State of New York · 1995
  3. Romeo v. ArrigoAppellate Division of the Supreme Court of the State of New York · 1998
  4. County of Suffolk v. CaccavallaAppellate Division of the Supreme Court of the State of New York · 1996
  5. Haller v. LopaneAppellate Division of the Supreme Court of the State of New York · 2003

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