DiWine Distributing Co. v. Honours Distributing Corp.

Appellate Division of the Supreme Court of New York

DiWine Distributing Co. v. Honours Distributing Corp.

49 A.D.2d 937, 374 N.Y.S.2d 42, 1975 N.Y. App. Div. LEXIS 11215

Appellate Division of the Supreme Court of the State of New York·Decided October 28, 1975·Published

Opinion

In an action inter alia to recover damages for breach of contract, defendant Majestic Distilling Co., Inc., appeals from so much of an order of the Supreme Court, Nassau County, entered March 25, 1975, as denied the branch of its motion which sought dismissal of the complaint as against it. Order affirmed insofar as appealed from, with $20 costs and disbursements. The complaint states a cause of action against appellant and there are issues of fact. Thus, a trial is required. Martuscello, Acting P. J., Latham, Margett, Brennan and Shapiro, JJ., concur.

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In an action inter alia to recover damages for breach of contract, defendant Majestic Distilling Co., Inc., appeals from so much of an order of the Supreme Court, Nassau County, entered March 25, 1975, as denied the branch of its motion which sought dismissal of the complaint as against it. Order affirmed insofar as appealed from, with $20 costs and disbursements. The complaint states a cause of action against appellant and there are issues of fact. Thus, a trial is required. Martuscello, Acting P. J., Latham, Margett, Brennan and Shapiro, JJ., concur.

DiWine Distributing Co. v. Honours Distributing Corp., 49 A.D.2d 937, 374 N.Y.S.2d 42, 1975 N.Y. App. Div. LEXIS 11215 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 937 (DiWine Distributing Co. v. Honours Distributing Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.