Jacobson v. Salvage

Appellate Division of the Supreme Court of New York

Jacobson v. Salvage

4 A.D.2d 1012, 168 N.Y.S.2d 293, 1957 N.Y. App. Div. LEXIS 3774

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

DecidedDecember 3, 1957

StatusPublished

Cited by1 cases

This text of 4 A.D.2d 1012 (Jacobson v. Salvage) 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

Jacobson v. Salvage, 4 A.D.2d 1012, 168 N.Y.S.2d 293, 1957 N.Y. App. Div. LEXIS 3774 (N.Y. Ct. App. 1957).

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Opinion

Order dismissing the complaint against the defendant-respondent for insufficiency is modified to the extent of granting leave to the appellant to serve an amended complaint, and as so modified, affirmed. It appears from the allegations of the first cause of action that the joint venture did not materialize.' In the absence of an allegation that the respondent entered into the agreement to engage in the joint venture, there is no cause of action for the breach thereof. The second [1013]*1013'cause of action is insufficient as to the respondent because it fails to allege that plaintiff’s services were rendered at the request of the respondent. Settle order. Concur — Peck, P. J., Rabin, Frank, Valente and McNally, JJ.

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Order dismissing the complaint against the defendant-respondent for insufficiency is modified to the extent of granting leave to the appellant to serve an amended complaint, and as so modified, affirmed. It appears from the allegations of the first cause of action that the joint venture did not materialize.' In the absence of an allegation that the respondent entered into the agreement to engage in the joint venture, there is no cause of action for the breach thereof. The second [1013]*1013'cause of action is insufficient as to the respondent because it fails to allege that plaintiff’s services were rendered at the request of the respondent. Settle order. Concur — Peck, P. J., Rabin, Frank, Valente and McNally, JJ.

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Bluebook (online)

4 A.D.2d 1012, 168 N.Y.S.2d 293, 1957 N.Y. App. Div. LEXIS 3774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobson-v-salvage-nyappdiv-1957.

Opinion

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