Roemmelt v. Selden Sales & Service Co. of New York, Inc.

Appellate Division of the Supreme Court of New York

Roemmelt v. Selden Sales & Service Co. of New York, Inc.

227 A.D. 624

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

DecidedJune 15, 1929

DocketAppeal No. 1

StatusPublished

This text of 227 A.D. 624 (Roemmelt v. Selden Sales & Service Co. of New York, 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.

Bluebook

Roemmelt v. Selden Sales & Service Co. of New York, Inc., 227 A.D. 624 (N.Y. Ct. App. 1929).

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Opinion

Order denying defendants’ motion to dismiss the complaint modified by granting the motion of the Selden Truck Corporation, with ten dollars costs, with leave to plaintiff to plead over, if so advised, and as thus modified the order is affirmed, with ten dollars costs and disbursements to Selden Truck Corporation. There are no allegations sustaining the theory of undisclosed principal, so far as the Selden Truck Corporation is concerned. The allegations with respect to assets of the Selden Sales & Service Company of New York, Inc., and their alleged control or diversion are insufficient to state a cause of action as against the Selden Truck Corporation. Lazansky, P. J., Kapper, Seeger, Carswell and Seudder, JJ., concur.

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Order denying defendants’ motion to dismiss the complaint modified by granting the motion of the Selden Truck Corporation, with ten dollars costs, with leave to plaintiff to plead over, if so advised, and as thus modified the order is affirmed, with ten dollars costs and disbursements to Selden Truck Corporation. There are no allegations sustaining the theory of undisclosed principal, so far as the Selden Truck Corporation is concerned. The allegations with respect to assets of the Selden Sales & Service Company of New York, Inc., and their alleged control or diversion are insufficient to state a cause of action as against the Selden Truck Corporation. Lazansky, P. J., Kapper, Seeger, Carswell and Seudder, JJ., concur.

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Bluebook (online)

227 A.D. 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roemmelt-v-selden-sales-service-co-of-new-york-inc-nyappdiv-1929.