Legal Opinion
Rathbone v. Mion
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1953PublishedCited by 4 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Broome County Special Term, which denied defendants’ motion to dismiss the first cause of action in plaintiff’s amended complaint, under subdivision 8 of rule 107 of the Rules of Civil Practice, upon the ground that the agreement therein alleged is void under the Statute of Frauds. The cause attacked alleges in substance that defendants agreed to pay plaintiff a commission on all sales made by plaintiff of defendants’ goods and services, and also to agree to pay plaintiff for his services as an employee. That plaintiff accepted such employment and…
2Cases cited4 opinions
- 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
- Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
- Nat Nal Service Stations, Inc. v. WolfNew York Court of Appeals · 1952
3Cited by4 opinions
- Raes v. So-Lite Furniture Corp.Appellate Division of the Supreme Court of the State of New York · 1957
- Zinn v. Bernic Construction, Inc.New York Supreme Court · 1979
- Stone v. Ransel Trading Corp.New York Supreme Court · 1959
- Prussiano v. Sunrise Plastering Corp.Appellate Division of the Supreme Court of the State of New York · 1955