Aryeh v. United States Finishing Co.

Appellate Division of the Supreme Court of New York

Aryeh v. United States Finishing Co.

1 A.D.2d 1001, 151 N.Y.S.2d 829, 1956 N.Y. App. Div. LEXIS 5212

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

DecidedMay 22, 1956

StatusPublished

This text of 1 A.D.2d 1001 (Aryeh v. United States Finishing Co.) 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

Aryeh v. United States Finishing Co., 1 A.D.2d 1001, 151 N.Y.S.2d 829, 1956 N.Y. App. Div. LEXIS 5212 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order unanimously modified so as to grant leave to plaintiff to replead and, as so modified, affirmed. Accordingly, the judgment appealed from is vacated. Plaintiff fails to set forth facts in his complaint essential to bring this case within the holding of Lawrence v. Fox (20 N. Y. 268). If plaintiff desires to avail himself of the right to replead, he should predicate his complaint on statements of fact rather than conclusions of law. If plaintiff relies on any contract between himself and the buyer or between the buyer and defendant, [1002]*1002he should allege that fact and make the contract or contracts, as the case may be, part of his complaint. Costs to respondent. Settle order on notice. Concur — Peek, P. J., Rabin, Cox, Frank and Valente, JJ.

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Order unanimously modified so as to grant leave to plaintiff to replead and, as so modified, affirmed. Accordingly, the judgment appealed from is vacated. Plaintiff fails to set forth facts in his complaint essential to bring this case within the holding of Lawrence v. Fox (20 N. Y. 268). If plaintiff desires to avail himself of the right to replead, he should predicate his complaint on statements of fact rather than conclusions of law. If plaintiff relies on any contract between himself and the buyer or between the buyer and defendant, [1002]*1002he should allege that fact and make the contract or contracts, as the case may be, part of his complaint. Costs to respondent. Settle order on notice. Concur — Peek, P. J., Rabin, Cox, Frank and Valente, JJ.

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Bluebook (online)

1 A.D.2d 1001, 151 N.Y.S.2d 829, 1956 N.Y. App. Div. LEXIS 5212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aryeh-v-united-states-finishing-co-nyappdiv-1956.

Opinion

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