Legal Opinion
Wiscovitch Associates, Ltd. v. Philip Morris Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1993PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Arber, J.), entered April 17, 1992, which granted the defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously modified, on the law, to reinstate the cause of action for fraud, and otherwise affirmed, without costs.
The Supreme Court properly granted the defendant’s motion to dismiss the breach of contract cause of action since the record clearly establishes that the parties did not intend the purported oral agreement to be binding until it was reduced to writing and signed by both of them (Scheck v Francis, 26…
2Cases cited7 opinions
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Scheck v. FrancisNew York Court of Appeals · 1970
- Sanyo Electric, Inc. v. Pinros & Gar Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Daly v. BeckerAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by5 opinions
- P.T. Bank Central Asia v. ABN AMRO Bank N.V.Appellate Division of the Supreme Court of the State of New York · 2003
- NGR, LLC v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Schimenti v. Whitman & RansomAppellate Division of the Supreme Court of the State of New York · 1994
- Resurgence Asset Management, LLC v. Bastion Capital Fund, LPAppellate Division of the Supreme Court of the State of New York · 2003
- Strategic Domain, Inc. v. Medsite, Inc.Appellate Division of the Supreme Court of the State of New York · 2003