Beth Jacob of Boro Park v. Morgen Appliances, Inc.

The defendant moves to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

The facts are as follows: The plaintiff, a religious corporation, entered into an agreement with the defendant whereby plaintiff purchased a number of pairs of candlesticks which the defendant agreed to mail on behalf of the plaintiff to persons designated on a list furnished by the plaintiff.

It is the contention of the defendant that the allegations of the complaint with reference to the damage suffered by the plaintiff are illusory and speculative and that a…