Briefstein v. P. J. Rotondo Construction Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
The form of the defendants’ motion is to dismiss “ each of the four ” causes of action set forth in the complaint on the stated ground that “ it ”, i.e., the complaint, does not state facts sufficient to constitute a cause of action.
The first cause is largely devoted to pleading an agreement to enter into a written contract which failed of consummation. Plaintiff alleges he owned a lumber business for many years and in April, 1956 defendants agreed that if he would liquidate the business they would sell him 25% of the stock of the corporate defendant for a fixed amount; employ him as a…
2Cases cited7 opinions
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Ansorge v. KaneNew York Court of Appeals · 1927
- St. Regis Paper Co. v. Hubbs & Hastings Paper Co.New York Court of Appeals · 1923
- Brown v. . the New York Central R.R. Co.New York Court of Appeals · 1870
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by38 opinions
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
- Gordon v. Dino De Laurentiis Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Cronos Group Ltd. v. XComIP, LLCAppellate Division of the Supreme Court of the State of New York · 2017
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