Folkworks, Inc. v. American Zionist Youth Foundation, Inc.

Appellate Division of the Supreme Court of New York

Folkworks, Inc. v. American Zionist Youth Foundation, Inc.

190 A.D.2d 526, 593 N.Y.S.2d 462, 1993 N.Y. App. Div. LEXIS 880

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

DecidedFebruary 2, 1993

StatusPublished

This text of 190 A.D.2d 526 (Folkworks, Inc. v. American Zionist Youth Foundation, Inc.) 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

Folkworks, Inc. v. American Zionist Youth Foundation, Inc., 190 A.D.2d 526, 593 N.Y.S.2d 462, 1993 N.Y. App. Div. LEXIS 880 (N.Y. Ct. App. 1993).

Pincite

Opinion

— Judgment, Supreme Court, New York County (Diane A. Lebedeff, J.), entered August 13, 1991, awarding plaintiff the total sum of $50,280.74, pursuant to an order of the same court entered on or about August 12, 1991, granting plaintiffs motion for summary judgment and directing entry of judgment thereon, unanimously affirmed, without costs.

Defendant failed to adduce any evidentiary proof in admissible form sufficient to establish the existence of a material question of fact, in support of its contention that it did not enter into a contract with plaintiff, but rather that plaintiff was a volunteer.

There is no issue of fact as to the existence of a contract, as [527]*527evidenced by a written memorandum signed by defendant’s chairman approving payment of the retainer amount, which approval was admittedly relayed to plaintiff. Further, the measure of damages was properly determined by the IAS Court. Concur — Carro, J. P., Rosenberger, Ellerin, Kupferman and Asch, JJ.

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— Judgment, Supreme Court, New York County (Diane A. Lebedeff, J.), entered August 13, 1991, awarding plaintiff the total sum of $50,280.74, pursuant to an order of the same court entered on or about August 12, 1991, granting plaintiffs motion for summary judgment and directing entry of judgment thereon, unanimously affirmed, without costs.

Defendant failed to adduce any evidentiary proof in admissible form sufficient to establish the existence of a material question of fact, in support of its contention that it did not enter into a contract with plaintiff, but rather that plaintiff was a volunteer.

There is no issue of fact as to the existence of a contract, as [527]*527evidenced by a written memorandum signed by defendant’s chairman approving payment of the retainer amount, which approval was admittedly relayed to plaintiff. Further, the measure of damages was properly determined by the IAS Court. Concur — Carro, J. P., Rosenberger, Ellerin, Kupferman and Asch, JJ.

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Bluebook (online)

190 A.D.2d 526, 593 N.Y.S.2d 462, 1993 N.Y. App. Div. LEXIS 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/folkworks-inc-v-american-zionist-youth-foundation-inc-nyappdiv-1993.