Legal Opinion
Perma-Stone Bi County Corp. v. Ackerman
New York Supreme Court
Decided January 7, 1959PublishedCited by 8 opinions
1Opinion of the CourtJacob J. Schartzwald, J.
In this action for breach of contract, defendant moves for an order dismissing the complaint pursuant to rule 106 of the Buies of Civil Practice on the ground that the complaint fails to set forth facts sufficient to constitute a cause of action.
*641It is well established that a pleading challenged for legal insufficiency must be construed broadly and liberally and allegations of fact are, for the purposes of the motion, assumed to be true.
In substance, the plaintiff alleges in the first cause of action the entry into the contract, a copy of which is attached to the pleading, the delivery of the…
2Cases cited6 opinions
- Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
- Downtown Harvard Lunch Club v. Racso, Inc.New York Supreme Court · 1951
- Ikle v. IkleAppellate Division of the Supreme Court of the State of New York · 1939
- Winkelman v. WinkelmanAppellate Division of the Supreme Court of the State of New York · 1924
- Knoblauch v. Little Falls Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dairy Farm Leasing Co., Inc. v. HartleySupreme Judicial Court of Maine · 1978
- Shel-Al Corporation v. American National Insurance Company and Exchange Security BankCourt of Appeals for the Fifth Circuit · 1974
- Chaffin v. RamseyOregon Supreme Court · 1976
- Harbor Island Spa, Inc. v. Norwegian America Line A/SDistrict Court, S.D. New York · 1970
- In re the Arbitration between Judy Bond, Inc. & KreindlerNew York Supreme Court · 1962
3 more not listed; retrieve them via the Exa API.