Citron v. Brava Breaded Frozen Food, Inc.

Appellate Division of the Supreme Court of New York

Citron v. Brava Breaded Frozen Food, Inc.

42 A.D.2d 726, 346 N.Y.S.2d 739, 1973 N.Y. App. Div. LEXIS 3823

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

DecidedJuly 9, 1973

StatusPublished

This text of 42 A.D.2d 726 (Citron v. Brava Breaded Frozen Food, Inc.) 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

Citron v. Brava Breaded Frozen Food, Inc., 42 A.D.2d 726, 346 N.Y.S.2d 739, 1973 N.Y. App. Div. LEXIS 3823 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action to recover damages for fraud, plaintiff [727]*727appeals from an order of the Supreme Court, Queens County, entered November 10, 1972, granting the branch óf a motion by defendants which was to dismiss the two causes pf action of the plaintiff's third amended complaint for failure to state a cause óf action, with leave to plaintiff to plead a cause óf action for breach of contract. In addition to said order we have also reviewed so much of a later order of the same court, entered January 19, 1973, as upon reargument, adhered to the original decision (see CPLR 5517, subd, [bjj. Appeal from order entered November 10, 1972, dismissed, without costs. Th^t order was superseded by the order entered January 19, 1973 upon reargumént (Alpert V. Alpert, 20 A D 2d 560). Order entered January 19, 1973 affirmed insofar as reviewed herein, without costs. No opinion. The time within which plaintiff may replead a cause of action for breach of contract, as permitted by Special Term, is extended until 20 days after entry pf the order to be made herein. Rabin, P. J., Munder, Latham, Shapiro and Gulotta, JJ., concur.

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In an action to recover damages for fraud, plaintiff [727]*727appeals from an order of the Supreme Court, Queens County, entered November 10, 1972, granting the branch óf a motion by defendants which was to dismiss the two causes pf action of the plaintiff's third amended complaint for failure to state a cause óf action, with leave to plaintiff to plead a cause óf action for breach of contract. In addition to said order we have also reviewed so much of a later order of the same court, entered January 19, 1973, as upon reargument, adhered to the original decision (see CPLR 5517, subd, [bjj. Appeal from order entered November 10, 1972, dismissed, without costs. Th^t order was superseded by the order entered January 19, 1973 upon reargumént (Alpert V. Alpert, 20 A D 2d 560). Order entered January 19, 1973 affirmed insofar as reviewed herein, without costs. No opinion. The time within which plaintiff may replead a cause of action for breach of contract, as permitted by Special Term, is extended until 20 days after entry pf the order to be made herein. Rabin, P. J., Munder, Latham, Shapiro and Gulotta, JJ., concur.

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Bluebook (online)

42 A.D.2d 726, 346 N.Y.S.2d 739, 1973 N.Y. App. Div. LEXIS 3823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citron-v-brava-breaded-frozen-food-inc-nyappdiv-1973.