Levine v. Par Plumbing Co.

Appellate Division of the Supreme Court of New York

Levine v. Par Plumbing Co.

52 A.D.2d 593, 382 N.Y.S.2d 296, 1976 N.Y. App. Div. LEXIS 12199

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

DecidedApril 12, 1976

StatusPublished

This text of 52 A.D.2d 593 (Levine v. Par Plumbing 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

Levine v. Par Plumbing Co., 52 A.D.2d 593, 382 N.Y.S.2d 296, 1976 N.Y. App. Div. LEXIS 12199 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action on an oral contract, plaintiff appeals from (1) an order of the Supreme Court, Nassau County, dated March 24, 1975, which granted defendants’ motion to dismiss the complaint and (2) the judgment of the same court, entered thereon on April 10, 1975. Order and judgment affirmed, with one bill of $50 costs and disbursements. The record on this appeal reflects that plaintiff’s alleged contract was only oral and not written. Since subdivision (a) of section 8-319 of the Uniform Commercial Code and the shareholders’ agreement require a writing in situations such as this, the complaint was properly dismissed. Hopkins, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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In an action on an oral contract, plaintiff appeals from (1) an order of the Supreme Court, Nassau County, dated March 24, 1975, which granted defendants’ motion to dismiss the complaint and (2) the judgment of the same court, entered thereon on April 10, 1975. Order and judgment affirmed, with one bill of $50 costs and disbursements. The record on this appeal reflects that plaintiff’s alleged contract was only oral and not written. Since subdivision (a) of section 8-319 of the Uniform Commercial Code and the shareholders’ agreement require a writing in situations such as this, the complaint was properly dismissed. Hopkins, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

52 A.D.2d 593, 382 N.Y.S.2d 296, 1976 N.Y. App. Div. LEXIS 12199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-par-plumbing-co-nyappdiv-1976.