J. P. Duffy Co. v. Alexander McKay, Inc.

Appellate Division of the Supreme Court of New York

J. P. Duffy Co. v. Alexander McKay, Inc.

240 A.D. 898

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

DecidedNovember 15, 1933

StatusPublished

This text of 240 A.D. 898 (J. P. Duffy Co. v. Alexander McKay, 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

J. P. Duffy Co. v. Alexander McKay, Inc., 240 A.D. 898 (N.Y. Ct. App. 1933).

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Opinion

Order dismissing complaint as against defendant Grace reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to said defendant to answer within ten days from service [899]*899of a copy of the order herein. We think the complaint alleges a cause of action against respondent, under section 15 of the Stock Corporation Law. If damages are uncertain, they may be ascertained by an accounting, but plaintiff must first establish its cause of action. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

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Order dismissing complaint as against defendant Grace reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to said defendant to answer within ten days from service [899]*899of a copy of the order herein. We think the complaint alleges a cause of action against respondent, under section 15 of the Stock Corporation Law. If damages are uncertain, they may be ascertained by an accounting, but plaintiff must first establish its cause of action. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

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Bluebook (online)

240 A.D. 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-p-duffy-co-v-alexander-mckay-inc-nyappdiv-1933.