Meistrell v. Osias Construction Corp.

Appellate Division of the Supreme Court of New York

Meistrell v. Osias Construction Corp.

31 A.D.2d 611, 295 N.Y.S.2d 572

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

DecidedDecember 10, 1968

StatusPublished

This text of 31 A.D.2d 611 (Meistrell v. Osias Construction Corp.) 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.

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Meistrell v. Osias Construction Corp., 31 A.D.2d 611, 295 N.Y.S.2d 572 (N.Y. Ct. App. 1968).

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Opinion

Judgment and orders dated October 27, 1966, October 21, 1966 and September 18, 1966, dismissing the amended complaint and denying leave to reargue, unanimously affirmed, with $50 costs and disbursements to respondent. The first and second causes of action are insufficient, since they are predicated on an agreement which was not signed by defendant Louis D. Cohen. With reference to the third cause [612]*612of action, the statements contained in plaintiff’s affidavit preclude his recovery thereon. (General Obligations Law, § 5-1105.) Concur—Eager, J. P., Steuer, Rabin, McNally and Bastow, JJ.

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Judgment and orders dated October 27, 1966, October 21, 1966 and September 18, 1966, dismissing the amended complaint and denying leave to reargue, unanimously affirmed, with $50 costs and disbursements to respondent. The first and second causes of action are insufficient, since they are predicated on an agreement which was not signed by defendant Louis D. Cohen. With reference to the third cause [612]*612of action, the statements contained in plaintiff’s affidavit preclude his recovery thereon. (General Obligations Law, § 5-1105.) Concur—Eager, J. P., Steuer, Rabin, McNally and Bastow, JJ.

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Bluebook (online)

31 A.D.2d 611, 295 N.Y.S.2d 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meistrell-v-osias-construction-corp-nyappdiv-1968.