Nowikas v. Cohen

Appellate Division of the Supreme Court of New York

Nowikas v. Cohen

275 A.D.2d 1059

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

DecidedOctober 24, 1949

StatusPublished

This text of 275 A.D.2d 1059 (Nowikas v. Cohen) 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

Nowikas v. Cohen, 275 A.D.2d 1059 (N.Y. Ct. App. 1949).

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Opinion

[1060]*1060Carswell, Adel, Sneed and Wenzel, JJ., concur; Nolan, P. J., dissents and votes to affirm, being of opinion that the complaint sufficiently states a cause of action for damages for breach of an express contract between appellant and respondent. The contract pleaded may be unenforeible, as involving a breach by respondent of his obligation of undivided loyalty to his employer. (Cf. Greenfield v. Bausch, 238 App. Div. 52, and Myerberg v. Webster, 269 App. Div. 65.) That question, however, should not be decided on the pleadings, since it may be established on trial that the contract pleaded was valid and enforeible, at least in part. (Cf. Gracie v. Stevens, 56 App. Div. 203, affd. 171 N. Y. 658, and Knauss v. Krueger Brewing Co., 142 N. Y. 70.)

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[1060]*1060Carswell, Adel, Sneed and Wenzel, JJ., concur; Nolan, P. J., dissents and votes to affirm, being of opinion that the complaint sufficiently states a cause of action for damages for breach of an express contract between appellant and respondent. The contract pleaded may be unenforeible, as involving a breach by respondent of his obligation of undivided loyalty to his employer. (Cf. Greenfield v. Bausch, 238 App. Div. 52, and Myerberg v. Webster, 269 App. Div. 65.) That question, however, should not be decided on the pleadings, since it may be established on trial that the contract pleaded was valid and enforeible, at least in part. (Cf. Gracie v. Stevens, 56 App. Div. 203, affd. 171 N. Y. 658, and Knauss v. Krueger Brewing Co., 142 N. Y. 70.)

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275 A.D.2d 1059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowikas-v-cohen-nyappdiv-1949.

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