Refrigeration Patents Corp. v. Morris

Appellate Division of the Supreme Court of New York

Refrigeration Patents Corp. v. Morris

264 A.D. 987, 37 N.Y.S.2d 389, 1942 N.Y. App. Div. LEXIS 5640

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

DecidedSeptember 30, 1942

StatusPublished

This text of 264 A.D. 987 (Refrigeration Patents Corp. v. Morris) 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

Refrigeration Patents Corp. v. Morris, 264 A.D. 987, 37 N.Y.S.2d 389, 1942 N.Y. App. Div. LEXIS 5640 (N.Y. Ct. App. 1942).

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Opinion

Orders so far as appealed from affirmed, with ten dollars costs and disbursements. Memorandum: We are of the opinion that the allegations of the counterclaim are sufficient to set forth a cause of action. Whether or not the facts to be proven under these allegations will constitute lack of cooperation under paragraph 8 of the contract is necessarily a matter to be determined on the trial. All concur. (The portion of the order appealed from denies plaintiff’s motion to dismiss defendant’s counterclaim and to strike out portions of the answer, in an action for damages for breach of contract. The second order amends and settles the previous order.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and MeCurn, JJ.

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Orders so far as appealed from affirmed, with ten dollars costs and disbursements. Memorandum: We are of the opinion that the allegations of the counterclaim are sufficient to set forth a cause of action. Whether or not the facts to be proven under these allegations will constitute lack of cooperation under paragraph 8 of the contract is necessarily a matter to be determined on the trial. All concur. (The portion of the order appealed from denies plaintiff’s motion to dismiss defendant’s counterclaim and to strike out portions of the answer, in an action for damages for breach of contract. The second order amends and settles the previous order.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and MeCurn, JJ.

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Bluebook (online)

264 A.D. 987, 37 N.Y.S.2d 389, 1942 N.Y. App. Div. LEXIS 5640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/refrigeration-patents-corp-v-morris-nyappdiv-1942.