Johnson v. Sachs

Appeal from an order of the Supreme Court, Special Term, Albany County, which denied defendant’s motion to dismiss the complaint for insufficiency. The first cause of action alleges that defendant, “ purporting to act as the manager of * * e Lloyd’s Opticians, Inc., entered into a written contract” with plaintiff’s assignor whereby the latter agreed to make specified improvements to certain premises, for which the corporation agreed to pay a fixed sum. It is further alleged that “in and by said contract defendant represented that said Lloyd’s Opticians, Inc. was the ‘owner’ of said premises”;…