Andrews v. O'Reilly

Appellate Division of the Supreme Court of New York

Andrews v. O'Reilly

282 A.D. 666, 122 N.Y.S.2d 118, 1953 N.Y. App. Div. LEXIS 4599

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

DecidedJune 9, 1953

StatusPublished

This text of 282 A.D. 666 (Andrews v. O'Reilly) 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

Andrews v. O'Reilly, 282 A.D. 666, 122 N.Y.S.2d 118, 1953 N.Y. App. Div. LEXIS 4599 (N.Y. Ct. App. 1953).

Pincite

Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss the third cause of action granted, with leave to serve an amended complaint within ten days after service of the order, with notice of entry thereof, on payment of said costs. The third cause of action fails to allege facts sufficient to constitute a cause of action either for breach of contract made by appellant for plaintiff’s benefit, or for breach of contract to compensate plaintiff for work, labor and services. Present — Peek, P. J., Dore, Cohn, Callahan and Breitel, JJ.

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Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss the third cause of action granted, with leave to serve an amended complaint within ten days after service of the order, with notice of entry thereof, on payment of said costs. The third cause of action fails to allege facts sufficient to constitute a cause of action either for breach of contract made by appellant for plaintiff’s benefit, or for breach of contract to compensate plaintiff for work, labor and services. Present — Peek, P. J., Dore, Cohn, Callahan and Breitel, JJ.

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Bluebook (online)

282 A.D. 666, 122 N.Y.S.2d 118, 1953 N.Y. App. Div. LEXIS 4599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-oreilly-nyappdiv-1953.