Knobel v. Shaw
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*494When using plaintiffs affidavit in opposition to defendants’ motion “to remedy defects in the complaint” (Rovello v Orofino Realty Co., 40 NY2d 633, 636 [1976]), one can infer that plaintiff and Mr. Shaw had a contractual agreement that plaintiff would identify which of nonparty Bohack Corporation’s properties could become profitable; in return, he would get a share of the profits generated by the properties. The complaint alleges that his share is 31%.
Plaintiff has stated a cause of action for breach of contract against Mrs. Shaw, as executrix of Mr. Shaw’s estate, but not against any of the…
2Cases cited18 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
- In re the Estate of BarabashNew York Court of Appeals · 1972
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
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- Gerschel v. ChristensenAppellate Division of the Supreme Court of the State of New York · 2016
- Ganzi v. GanziAppellate Division of the Supreme Court of the State of New York · 2020
- Lebedev v. BlavatnikAppellate Division of the Supreme Court of the State of New York · 2016
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