Legal Opinion

Knobel v. Shaw

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2011PublishedCited by 21 opinions

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

  1. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  2. Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
  3. Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
  4. Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
  5. In re the Estate of BarabashNew York Court of Appeals · 1972

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3Cited by21 opinions

  1. Maya NY, LLC v. HaglerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Deutsche Bank, AG v. VikAppellate Division of the Supreme Court of the State of New York · 2016
  3. Gerschel v. ChristensenAppellate Division of the Supreme Court of the State of New York · 2016
  4. Ganzi v. GanziAppellate Division of the Supreme Court of the State of New York · 2020
  5. Lebedev v. BlavatnikAppellate Division of the Supreme Court of the State of New York · 2016

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