Ludovici v. Trommer

Appellate Division of the Supreme Court of New York

Ludovici v. Trommer

281 A.D. 705, 117 N.Y.S.2d 644, 1952 N.Y. App. Div. LEXIS 3313

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

DecidedDecember 22, 1952

StatusPublished

This text of 281 A.D. 705 (Ludovici v. Trommer) 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

Ludovici v. Trommer, 281 A.D. 705, 117 N.Y.S.2d 644, 1952 N.Y. App. Div. LEXIS 3313 (N.Y. Ct. App. 1952).

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Opinion

In an action for breach of a contract to make a will providing for payment upon the death of the promissor, order, insofar as appealed from, denying motion to dismiss the third cause of action as premature, affirmed, with $10 costs and disbursements. The pleading is susceptible of a construction that an existent breach of contract has occurred, namely that the contract provided for the execution of a will in November, 1947, or at least upon the changing by the corporation of the amount of the annual payment to the plaintiff which, it is alleged, took place in October, 1951. (Baer v. Durham Duplex Razor Co., 228 App. Div. 350, affd. 254 N. Y. 570.) Nolan, P. J., Carswell, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 753.]

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In an action for breach of a contract to make a will providing for payment upon the death of the promissor, order, insofar as appealed from, denying motion to dismiss the third cause of action as premature, affirmed, with $10 costs and disbursements. The pleading is susceptible of a construction that an existent breach of contract has occurred, namely that the contract provided for the execution of a will in November, 1947, or at least upon the changing by the corporation of the amount of the annual payment to the plaintiff which, it is alleged, took place in October, 1951. (Baer v. Durham Duplex Razor Co., 228 App. Div. 350, affd. 254 N. Y. 570.) Nolan, P. J., Carswell, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 753.]

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Bluebook (online)

281 A.D. 705, 117 N.Y.S.2d 644, 1952 N.Y. App. Div. LEXIS 3313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ludovici-v-trommer-nyappdiv-1952.

Opinion

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