Home/Appellate Division of the Supreme Court of New York/John T. Brady & Co. v. Concrete Plank Co.

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
Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1977·Published·Cited by 4 cases

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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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).

56 A.D.2d 591 (John T. Brady & Co. v. Concrete Plank Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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