Legal Opinion
V. Ponte and Sons, Inc. v. American Fibers International
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1995PublishedCited by 12 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Charles Ramos, J.), entered on or about September 15, 1994, which, to the extent appealed from, denied defendants-appellants’ motion for leave to interpose counterclaims, unanimously affirmed, with costs.
The IAS Court did not err in concluding that the proposed counterclaims clearly lack merit (see, Wieder v Skala, 168 AD2d 355). The breach of contract claim is based on an alleged agreement that defendants attempt to piece together from several, separate writings, which, even considered cumulatively, do not satisfy the Statute of Frauds. The writings do…
2Cases cited5 opinions
- APS Food System, Inc. v. Ward Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Wieder v. SkalaAppellate Division of the Supreme Court of the State of New York · 1990
- Mobil Oil Corp. v. JoshiAppellate Division of the Supreme Court of the State of New York · 1994
- Bon Temps Agency, Ltd. v. Towers Organization, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- American Can Co. v. Grey Intercontinent Ltd.Appellate Division of the Supreme Court of the State of New York · 1957
3Cited by12 opinions
- Abernathy-Thomas Engineering Co. v. Pall Corp.District Court, E.D. New York · 2000
- L. Magarian & Co. v. Timberland Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Kantor v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1996
- BBS Power Mod, Inc. v. Prestolite Electric, Inc.District Court, W.D. New York · 1999
- Diplomat Properties, L.P. v. Komar Five Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
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