Levy v. Black Angus, Inc.

Appellate Division of the Supreme Court of New York

Levy v. Black Angus, Inc.

24 A.D.2d 446, 260 N.Y.S.2d 883, 1965 N.Y. App. Div. LEXIS 3751

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

DecidedJune 29, 1965

StatusPublished

Cited by1 cases

This text of 24 A.D.2d 446 (Levy v. Black Angus, Inc.) 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

Levy v. Black Angus, Inc., 24 A.D.2d 446, 260 N.Y.S.2d 883, 1965 N.Y. App. Div. LEXIS 3751 (N.Y. Ct. App. 1965).

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Opinion

Order dismissing fifth cause of action and judgment entered thereon unanimously modified on the law and in the exercise of discretion to allow plaintiff to apply at Special Term to replead said cause of action and, as so modified, affirmed, without costs or disbursements to any party. Special Term properly dismissed the fifth cause of action. Said cause of action does not allege specifically that the corporate defendant borrowed the sum in part from plaintiff. Properly interpreted, the language used in the complaint alleges that the sum was borrowed by the individual defendant, who intended to devote it to the [447]*447use of the corporation. This would not constitute a cause of action against the corporation. If the pleader' intended to state that the money was borrowed by the corporation, he should have an opportunity to do so. (CPLR 3211, subd. [e].) Concur—• Rabin, J. P., McNally, Stevens, Steuer and Staley, JJ.

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Order dismissing fifth cause of action and judgment entered thereon unanimously modified on the law and in the exercise of discretion to allow plaintiff to apply at Special Term to replead said cause of action and, as so modified, affirmed, without costs or disbursements to any party. Special Term properly dismissed the fifth cause of action. Said cause of action does not allege specifically that the corporate defendant borrowed the sum in part from plaintiff. Properly interpreted, the language used in the complaint alleges that the sum was borrowed by the individual defendant, who intended to devote it to the [447]*447use of the corporation. This would not constitute a cause of action against the corporation. If the pleader' intended to state that the money was borrowed by the corporation, he should have an opportunity to do so. (CPLR 3211, subd. [e].) Concur—• Rabin, J. P., McNally, Stevens, Steuer and Staley, JJ.

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Bluebook (online)

24 A.D.2d 446, 260 N.Y.S.2d 883, 1965 N.Y. App. Div. LEXIS 3751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-black-angus-inc-nyappdiv-1965.

Opinion

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