Rubenstein v. Small
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
The complaint in this action for an accounting has been dismissed on the ground that no basis for equitable relief is alleged and the plaintiff has an adequate remedy at law.
It appears that the plaintiff pursuant to a written agreement gave $2,500 to the defendant to be used in the production of a vaudeville show. The defendant undertook to produce the show, furnish office facilities, etc. He was to be paid $300 weekly as a “ fixed charge ” for such facilities and his services as producer. It was agreed that the defendant would keep separate and accurate books of account in relation to the…
2Cases cited12 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Martin v. PeytonNew York Court of Appeals · 1927
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Quackenbos v. . SayerNew York Court of Appeals · 1875
- Hall v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by34 opinions
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- In Re Shulman Transport Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
- Parker v. Northern Mixing Co.Alaska Supreme Court · 1988
- Kaminsky v. KahnAppellate Division of the Supreme Court of the State of New York · 1965
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