John T. Brady & Co. v. Concrete Plank Co.

56 A.D.2d 591, 391 N.Y.S.2d 648, 1977 N.Y. App. Div. LEXIS 10656
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 15, 1977
StatusPublished
Cited by4 cases

This text of 56 A.D.2d 591 (John T. Brady & Co. v. Concrete Plank 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
John T. Brady & Co. v. Concrete Plank Co., 56 A.D.2d 591, 391 N.Y.S.2d 648, 1977 N.Y. App. Div. LEXIS 10656 (N.Y. Ct. App. 1977).

Opinion

In an action to recover damages for breach of contract, defendant appeals from an order of the Supreme [592]*592Court, Westchester County, entered December 8, 1975, which denied its motion to dismiss the complaint for failure to state a cause of action. Order affirmed; with $50 costs and disbursements. Regardless of whether plaintiff will be able to prove the alleged contract at the trial, on a motion such as this the truth of the allegations in the complaint is assumed. A cause of action is stated and the motion was properly denied. Latham, Acting P. J., Hargett, Suozzi and Mollen, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
56 A.D.2d 591, 391 N.Y.S.2d 648, 1977 N.Y. App. Div. LEXIS 10656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-t-brady-co-v-concrete-plank-co-nyappdiv-1977.