Kalb v. Pilot Radio Corp.

Appellate Division of the Supreme Court of New York

Kalb v. Pilot Radio Corp.

25 A.D.2d 827, 269 N.Y.S.2d 995, 1966 N.Y. App. Div. LEXIS 4291

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

DecidedMay 10, 1966

StatusPublished

This text of 25 A.D.2d 827 (Kalb v. Pilot Radio Corp.) 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

Kalb v. Pilot Radio Corp., 25 A.D.2d 827, 269 N.Y.S.2d 995, 1966 N.Y. App. Div. LEXIS 4291 (N.Y. Ct. App. 1966).

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Opinion

Order entered January 13, 1966 unanimously affirmed, with $50 costs [828]*828and disbursements to respondent. Respondent asserts an agreement under the terms of which he was to find and interest Emerson Radio to enter into negotiations, and he asserts performance. If the extent of his obligation was, as asserted, merely to find and interest, that could well have been full performance prior to September 27, 1964, the effective date of the statutory amendment. The fact that the sale occurred subsequent to the effective date would not then serve as a bar. There is also noted the absence of sworn denials of the allegations by anyone having firsthand knowledge of the facts. In short, since triable issues exist the motion to dismiss was properly denied.

Concur — Breitel, J. P., Rabin, McNally and Stevens, JJ.

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Order entered January 13, 1966 unanimously affirmed, with $50 costs [828]*828and disbursements to respondent. Respondent asserts an agreement under the terms of which he was to find and interest Emerson Radio to enter into negotiations, and he asserts performance. If the extent of his obligation was, as asserted, merely to find and interest, that could well have been full performance prior to September 27, 1964, the effective date of the statutory amendment. The fact that the sale occurred subsequent to the effective date would not then serve as a bar. There is also noted the absence of sworn denials of the allegations by anyone having firsthand knowledge of the facts. In short, since triable issues exist the motion to dismiss was properly denied.

Concur — Breitel, J. P., Rabin, McNally and Stevens, JJ.

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Bluebook (online)

25 A.D.2d 827, 269 N.Y.S.2d 995, 1966 N.Y. App. Div. LEXIS 4291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalb-v-pilot-radio-corp-nyappdiv-1966.