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

Appellate Division of the Supreme Court of the State of New York·Decided April 12, 1976·Published

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.

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).

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52 A.D.2d 593 (Levine v. Par Plumbing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.