Goon v. Fu Manchu's Restaurant, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtDore, J.
Defendant appeals from an order denying its motion to dismiss the complaint in an action to recover damages for wrongful discharge under & contract of employment.
*532Before answer defendant moved to dismiss on the ground that the contract on which the action was founded is unenforcible under the provisions of the Statute of Frauds. (Rules Civ. Prac. rule 107, subd. 8.) Defendant submitted an affidavit that the arrangements made by plaintiff were oral and that no writing of any kind passed between the parties. Plaintiff failed to serve an answering affidavit and accordingly the sole question on…
2Cases cited7 opinions
- Dickson & Co. v. FrisbeeSupreme Court of Alabama · 1875
- Phelan v. DouglassNew York Supreme Court · 1855
- Jonap v. P'regerAppellate Terms of the Supreme Court of New York · 1908
- Prokop v. Bedford Waist & Dress Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Prokop v. Bedford Waist & Dress Co.Appellate Terms of the Supreme Court of New York · 1919
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3Cited by7 opinions
- Messina v. Lufthansa German AirlinesNew York Court of Appeals · 1979
- Bacalokonstantis v. NicholsAppellate Division of the Supreme Court of the State of New York · 1988
- Pomeranz v. MoreCity of New York Municipal Court · 1946
- Messina v. Lufthansa German AirlinesAppellate Division of the Supreme Court of the State of New York · 1978
- Deerfield Building Corp. v. Yorkstate Industries, Inc.New York Supreme Court · 1974
2 more not listed; retrieve them via the Exa API.