Greiner v. Freund

Appellate Division of the Supreme Court of New York

Greiner v. Freund

284 A.D. 945, 134 N.Y.S.2d 888, 1954 N.Y. App. Div. LEXIS 4146

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

DecidedNovember 9, 1954

StatusPublished

This text of 284 A.D. 945 (Greiner v. Freund) 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

Greiner v. Freund, 284 A.D. 945, 134 N.Y.S.2d 888, 1954 N.Y. App. Div. LEXIS 4146 (N.Y. Ct. App. 1954).

Pincite

Opinion

Order unanimously modified to the extent that the motion to dismiss the first cause of action for legal insufficiency is granted, without costs to either party, but with leave to plaintiff to serve an amended complaint and, as so modified, affirmed. The first cause of action does not establish a joint venture or other basis to support the fiduciary obligation ascribed to defendant by plaintiff. Plaintiff, nevertheless, should be permitted to allege facts, if any exist, sufficient to charge defendant with an obligation to file a claim against the representative of the corporation for the full amount of the debt. The second cause of action is adequately pleaded, there being sufficient allegation of unjust enrichment on the part of defendant. Settle order on notice. Present — Dore, J. P., Cohn, Breitel, Bastow and Botein, JJ.

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Order unanimously modified to the extent that the motion to dismiss the first cause of action for legal insufficiency is granted, without costs to either party, but with leave to plaintiff to serve an amended complaint and, as so modified, affirmed. The first cause of action does not establish a joint venture or other basis to support the fiduciary obligation ascribed to defendant by plaintiff. Plaintiff, nevertheless, should be permitted to allege facts, if any exist, sufficient to charge defendant with an obligation to file a claim against the representative of the corporation for the full amount of the debt. The second cause of action is adequately pleaded, there being sufficient allegation of unjust enrichment on the part of defendant. Settle order on notice. Present — Dore, J. P., Cohn, Breitel, Bastow and Botein, JJ.

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Bluebook (online)

284 A.D. 945, 134 N.Y.S.2d 888, 1954 N.Y. App. Div. LEXIS 4146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greiner-v-freund-nyappdiv-1954.