Legal Opinion
Markey v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided February 29, 1960PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the appeal is from an order denying appellants’ motion to dismiss the complaint pursuant to rule 112 of the Rules of Civil Practice, on the ground that the contract on which the action is founded is unenforcible under the provisions of the' Statute of Frauds. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to respondent to serve an amended complaint, if he be so advised, within 20 days after the entry of the order hereon. The complaint alleges a contract providing for an indefinite hiring…
2Cases cited4 opinions
- Elsfelder v. CournandAppellate Division of the Supreme Court of the State of New York · 1945
- Russell v. Societe Anonyme Des Etablissements AeroxonNew York Court of Appeals · 1935
- De Beerski v. . PaigeNew York Court of Appeals · 1867
- Coler v. ColerNew York Court of Appeals · 1947
3Cited by5 opinions
- Mellencamp v. Riva Music Ltd.District Court, S.D. New York · 1988
- Dickenson v. Dickenson Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Grissman v. Union Carbide Corp.District Court, S.D. New York · 1967
- Boylan v. G. L. Morrow Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Boylan v. G. L. Morrow Co.New York Court of Appeals · 1984