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