Corporate Structures, Inc. v. Cook

Appellate Division of the Supreme Court of New York

Corporate Structures, Inc. v. Cook

184 A.D.2d 1000, 584 N.Y.S.2d 243, 1992 N.Y. App. Div. LEXIS 8217

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

DecidedJune 5, 1992

StatusPublished

This text of 184 A.D.2d 1000 (Corporate Structures, Inc. v. Cook) 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

Corporate Structures, Inc. v. Cook, 184 A.D.2d 1000, 584 N.Y.S.2d 243, 1992 N.Y. App. Div. LEXIS 8217 (N.Y. Ct. App. 1992).

Pincite

Opinion

Order and judgment unanimously affirmed without costs. Memorandum: Defendant’s motion for summary judgment dismissing plaintiffs complaint was properly granted. By this action, plaintiff seeks to recover from defendant, the Chairman of the Board of Marina Point Project, Inc., and a limited partner in a joint venture, for services rendered to, and upon agreement with, the corporation. Because there is no evidence of an enforceable, independent promise on the part of defendant to pay the obligation of the corporation, plaintiffs action is barred by the Statute of Frauds (see, General Obligations Law § 5-701 [a] [2]; Paul, Weiss, Rifkind, Wharton & Garrison v Westergaard, 75 NY2d 755, 756). Two personal checks signed by defendant are not sufficient to acknowledge an independent promise running from defendant to plaintiff because the checks were not payable to plaintiff. (Appeal from Order and Judgment of Supreme Court, Monroe County, Curran, J. — Summary Judgment.) Present — Denman, P. J., Boomer, Lawton, Fallon and Doerr, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment unanimously affirmed without costs. Memorandum: Defendant’s motion for summary judgment dismissing plaintiffs complaint was properly granted. By this action, plaintiff seeks to recover from defendant, the Chairman of the Board of Marina Point Project, Inc., and a limited partner in a joint venture, for services rendered to, and upon agreement with, the corporation. Because there is no evidence of an enforceable, independent promise on the part of defendant to pay the obligation of the corporation, plaintiffs action is barred by the Statute of Frauds (see, General Obligations Law § 5-701 [a] [2]; Paul, Weiss, Rifkind, Wharton & Garrison v Westergaard, 75 NY2d 755, 756). Two personal checks signed by defendant are not sufficient to acknowledge an independent promise running from defendant to plaintiff because the checks were not payable to plaintiff. (Appeal from Order and Judgment of Supreme Court, Monroe County, Curran, J. — Summary Judgment.) Present — Denman, P. J., Boomer, Lawton, Fallon and Doerr, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

184 A.D.2d 1000, 584 N.Y.S.2d 243, 1992 N.Y. App. Div. LEXIS 8217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corporate-structures-inc-v-cook-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack