Allied Chemical Corp. v. Ruskin

Appellate Division of the Supreme Court of New York

Allied Chemical Corp. v. Ruskin

39 A.D.2d 881, 333 N.Y.S.2d 436, 1972 N.Y. App. Div. LEXIS 4213

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

DecidedJune 22, 1972

StatusPublished

This text of 39 A.D.2d 881 (Allied Chemical Corp. v. Ruskin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allied Chemical Corp. v. Ruskin, 39 A.D.2d 881, 333 N.Y.S.2d 436, 1972 N.Y. App. Div. LEXIS 4213 (N.Y. Ct. App. 1972).

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Opinion

Order, Supreme Court, New York County, entered January 21, 1972, granting plaintiff’s motion for summary judgment and denying defendant’s cross motion for like relief, unanimously reversed, on the law, the motion denied, the cross motion granted, and the judgment entered thereon on February 1, 1972, vacated, without prejudice. Appellant shall recover of respondent $50 costs and disbursements of this appeal. The guarantee was delivered in consideration of future sales. The absence of such future sales constitutes a failure of consideration barring recovery on the guarantee. (Standard Oil Co. v. Koch, 260 N. Y. 150.) The dismissal, however, is without prejudice in the event plaintiff has a cause of action not asserted in the pleadings. (See CPLR 205.) Concur — Markewieh, J. P., Murphy, McNally, Tilzer and Eager, JJ.

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Order, Supreme Court, New York County, entered January 21, 1972, granting plaintiff’s motion for summary judgment and denying defendant’s cross motion for like relief, unanimously reversed, on the law, the motion denied, the cross motion granted, and the judgment entered thereon on February 1, 1972, vacated, without prejudice. Appellant shall recover of respondent $50 costs and disbursements of this appeal. The guarantee was delivered in consideration of future sales. The absence of such future sales constitutes a failure of consideration barring recovery on the guarantee. (Standard Oil Co. v. Koch, 260 N. Y. 150.) The dismissal, however, is without prejudice in the event plaintiff has a cause of action not asserted in the pleadings. (See CPLR 205.) Concur — Markewieh, J. P., Murphy, McNally, Tilzer and Eager, JJ.

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Bluebook (online)

39 A.D.2d 881, 333 N.Y.S.2d 436, 1972 N.Y. App. Div. LEXIS 4213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allied-chemical-corp-v-ruskin-nyappdiv-1972.

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