Carletta v. Albini

Appellate Division of the Supreme Court of New York

Carletta v. Albini

14 A.D.2d 813, 221 N.Y.S.2d 189, 1961 N.Y. App. Div. LEXIS 8238

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

DecidedOctober 30, 1961

StatusPublished

Cited by2 cases

This text of 14 A.D.2d 813 (Carletta v. Albini) 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

Carletta v. Albini, 14 A.D.2d 813, 221 N.Y.S.2d 189, 1961 N.Y. App. Div. LEXIS 8238 (N.Y. Ct. App. 1961).

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Opinion

In our opinion, the complaint is insufficient. The only allegation as to the making of the contract and the declaration of the trust is contained in [814]*814paragraph fifth of the complaint. Such allegation is wholly conclusory; it pleads an “ agreement or understanding in the family ”. It fails to set forth the facts showing: (a) an enforcible contract or trust between plaintiff and defendant Albini or between plaintiff and defendants Franzese or between plaintiff and defendants Albini and Franzese; (b) the terms of such contract or trust; and (c) the consideration therefor. In the absence of an adequate statement of such facts, it cannot be determined whether an enforcible contract or trust was made or breached or who may be liable for any claimed breach. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur. [27 Misc 2d 426.]

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In our opinion, the complaint is insufficient. The only allegation as to the making of the contract and the declaration of the trust is contained in [814]*814paragraph fifth of the complaint. Such allegation is wholly conclusory; it pleads an “ agreement or understanding in the family ”. It fails to set forth the facts showing: (a) an enforcible contract or trust between plaintiff and defendant Albini or between plaintiff and defendants Franzese or between plaintiff and defendants Albini and Franzese; (b) the terms of such contract or trust; and (c) the consideration therefor. In the absence of an adequate statement of such facts, it cannot be determined whether an enforcible contract or trust was made or breached or who may be liable for any claimed breach. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur. [27 Misc 2d 426.]

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Bluebook (online)

14 A.D.2d 813, 221 N.Y.S.2d 189, 1961 N.Y. App. Div. LEXIS 8238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carletta-v-albini-nyappdiv-1961.

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