Drisin v. Landau

Appellate Division of the Supreme Court of New York

Drisin v. Landau

243 A.D.2d 262, 664 N.Y.S.2d 720, 1997 N.Y. App. Div. LEXIS 9273

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

DecidedOctober 2, 1997

StatusPublished

Cited by1 cases

This text of 243 A.D.2d 262 (Drisin v. Landau) 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

Drisin v. Landau, 243 A.D.2d 262, 664 N.Y.S.2d 720, 1997 N.Y. App. Div. LEXIS 9273 (N.Y. Ct. App. 1997).

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Opinion

Order, Supreme Court, New York County (Sheila Abdus-Saalam, J.), entered November 29, 1996, which, after a nonjury trial, dismissed plaintiff’s claims for breach of an employment contract, wages and other compensation, unanimously affirmed, with costs.

The record, disregarding the disputed testimony of defen[263]*263dant’s psychologist, supports the trial court’s credibility determinations that the written contract on which plaintiff relies is void by reason of fraud in the execution (see, Fleming v Ponziani, 24 NY2d 105, 110-111), and that there was otherwise no meeting of the minds with respect to the terms of any employment agreement between the parties. Concur— Sullivan, J. P., Ellerin, Williams, Tom and Colabella, JJ.

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Order, Supreme Court, New York County (Sheila Abdus-Saalam, J.), entered November 29, 1996, which, after a nonjury trial, dismissed plaintiff’s claims for breach of an employment contract, wages and other compensation, unanimously affirmed, with costs.

The record, disregarding the disputed testimony of defen[263]*263dant’s psychologist, supports the trial court’s credibility determinations that the written contract on which plaintiff relies is void by reason of fraud in the execution (see, Fleming v Ponziani, 24 NY2d 105, 110-111), and that there was otherwise no meeting of the minds with respect to the terms of any employment agreement between the parties. Concur— Sullivan, J. P., Ellerin, Williams, Tom and Colabella, JJ.

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Bluebook (online)

243 A.D.2d 262, 664 N.Y.S.2d 720, 1997 N.Y. App. Div. LEXIS 9273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drisin-v-landau-nyappdiv-1997.

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