Marrano Masons, Inc. v. Birchwood Bayside, Inc.
This text of 43 A.D.2d 983 (Marrano Masons, Inc. v. Birchwood Bayside, 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.
Opinion
In an action to recover damages for breach of an alleged contract, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered May 30, 1973, in favor of defendant, upon an order of the same court which was made upon defendant’s motion to dismiss the complaint for failure to state a cause of action. Judgment reversed, with $20 costs and disbursements, and defendant’s motion denied. Questions of fact exist concerning whether the parties had, in fact, agreed to all essential terms of a contract. Martuscello, Acting P. J., Shapiro and Benjamin, JJ., concur; Christ and Munder, JJ., dissent and vote to affirm.
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Cite This Page — Counsel Stack
43 A.D.2d 983, 352 N.Y.S.2d 1010, 1974 N.Y. App. Div. LEXIS 5636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marrano-masons-inc-v-birchwood-bayside-inc-nyappdiv-1974.