Legal Opinion

Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group Plc

New York Court of Appeals

Decided March 25, 1999PublishedCited by 114 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

This case presents us with two certified questions from the United States Court of Appeals for the Second Circuit regarding the adequacy at the pleading stage of a claim invoking the part performance exception to the Statute of Frauds.

Plaintiff, Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc., commenced an action in Federal District Court against defendant, Aegis Group pic, seeking a declaratory judgment and damages for breach of contract based upon an alleged oral agreement pertaining to plaintiffs obligations under a commercial lease, which, plaintiff…

2Cases cited14 opinions

  1. Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
  2. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  3. Burns v. . McCormickNew York Court of Appeals · 1922
  4. Anostario v. VicinanzoNew York Court of Appeals · 1983
  5. Williams v. MorrisSupreme Court of the United States · 1877

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3Cited by114 opinions

  1. Eujoy Realty Corp. v. Van Wagner Communications, LLCNew York Court of Appeals · 2013
  2. Valentino v. DavisAppellate Division of the Supreme Court of the State of New York · 2000
  3. The Matter of the Estate of Edmund Felix Hennel , , Also Known as Edmund HennelNew York Court of Appeals · 2017
  4. Spencer Trask Software & Information Services LLC v. RPost International Ltd.District Court, S.D. New York · 2003
  5. Yenom Corp. v. 155 Wooster Street Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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