Equitable Leasing, Inc. v. Maguire

Appellate Division of the Supreme Court of New York

Equitable Leasing, Inc. v. Maguire

36 A.D.2d 1019, 321 N.Y.S.2d 409

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

DecidedMay 20, 1971

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 36 A.D.2d 1019 (Equitable Leasing, Inc. v. Maguire) 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

Equitable Leasing, Inc. v. Maguire, 36 A.D.2d 1019, 321 N.Y.S.2d 409 (N.Y. Ct. App. 1971).

Pincite

Opinion

Memorandum: The causes of action in which plaintiff seeks to recover for fraud and to pierce the corporate veil were properly dismissed for failure of proof. (Cameron Equip. Corp. v. People, 31 A D 2d 299, affd. 27 N Y 2d 634.) Plaintiff's claim of misappropriation of funds was properly dismissed because it was neither pleaded nor raised at the time of trial. 'The cause of action for nondelivery of bus shelters paid for by plaintiff was properly dismissed — not for the reason set forth by the trial court, but on the ground that it was premature, as defendant Tomar was neither expected nor required to make delivery until a demand was made and there was no demand. (10 N. Y. Jur., Contracts, § 292.) (Appeal from [1020]*1020judgment of Monroe Trial Term dismissing complaint in action for breach of contract.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ. Henry, JJ.

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

Memorandum: The causes of action in which plaintiff seeks to recover for fraud and to pierce the corporate veil were properly dismissed for failure of proof. (Cameron Equip. Corp. v. People, 31 A D 2d 299, affd. 27 N Y 2d 634.) Plaintiff's claim of misappropriation of funds was properly dismissed because it was neither pleaded nor raised at the time of trial. 'The cause of action for nondelivery of bus shelters paid for by plaintiff was properly dismissed — not for the reason set forth by the trial court, but on the ground that it was premature, as defendant Tomar was neither expected nor required to make delivery until a demand was made and there was no demand. (10 N. Y. Jur., Contracts, § 292.) (Appeal from [1020]*1020judgment of Monroe Trial Term dismissing complaint in action for breach of contract.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ. Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

36 A.D.2d 1019, 321 N.Y.S.2d 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-leasing-inc-v-maguire-nyappdiv-1971.

Opinion

Related

Cite This Page — Counsel Stack