Faberge, Inc. v. Fisher-Sixth Avenue Co.

Appellate Division of the Supreme Court of New York

Faberge, Inc. v. Fisher-Sixth Avenue Co.

40 A.D.2d 788, 338 N.Y.S.2d 383, 1972 N.Y. App. Div. LEXIS 3401

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

DecidedNovember 14, 1972

StatusPublished

This text of 40 A.D.2d 788 (Faberge, Inc. v. Fisher-Sixth Avenue Co.) 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

Faberge, Inc. v. Fisher-Sixth Avenue Co., 40 A.D.2d 788, 338 N.Y.S.2d 383, 1972 N.Y. App. Div. LEXIS 3401 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order, Supreme Court, New York County, entered on June 28, 1972, denying defendants-appellants’ motions for summary judgment and related relief, unanimously modified, on the law, to the extent of dismissing the first and fifth causes of action insofar as they are asserted against defendants Data Construction Corporation and Fibre Construction Corporation and the second cause of action in its entirety, and otherwise affirmed, without costs and without disbursements. Defendants Data and Fibro were not parties to the subject lease or to the work letter annexed thereto and, hence, the first and fifth causes of action, which are based thereon, fail to state any cause of action against them. On this record, claims of breach of contract run exclusively against defendants-landlords, Fisher and Hawaiian. These allegations of breach of contract, which form the entire basis for plaintiff’s second cause of action, do not entitle plaintiff to separate equitable relief in the nature of an accounting. Concur — McGivern, J. P., Nunez, Steuer, Tilzer and Capozzoli, JJ.

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Order, Supreme Court, New York County, entered on June 28, 1972, denying defendants-appellants’ motions for summary judgment and related relief, unanimously modified, on the law, to the extent of dismissing the first and fifth causes of action insofar as they are asserted against defendants Data Construction Corporation and Fibre Construction Corporation and the second cause of action in its entirety, and otherwise affirmed, without costs and without disbursements. Defendants Data and Fibro were not parties to the subject lease or to the work letter annexed thereto and, hence, the first and fifth causes of action, which are based thereon, fail to state any cause of action against them. On this record, claims of breach of contract run exclusively against defendants-landlords, Fisher and Hawaiian. These allegations of breach of contract, which form the entire basis for plaintiff’s second cause of action, do not entitle plaintiff to separate equitable relief in the nature of an accounting. Concur — McGivern, J. P., Nunez, Steuer, Tilzer and Capozzoli, JJ.

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Bluebook (online)

40 A.D.2d 788, 338 N.Y.S.2d 383, 1972 N.Y. App. Div. LEXIS 3401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faberge-inc-v-fisher-sixth-avenue-co-nyappdiv-1972.