Sales Ammunition Inc. v. Standard Paper Manufacturing Co.

Appellate Division of the Supreme Court of New York

Sales Ammunition Inc. v. Standard Paper Manufacturing Co.

34 A.D.2d 516, 308 N.Y.S.2d 635, 1970 N.Y. App. Div. LEXIS 5391

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

DecidedMarch 5, 1970

StatusPublished

Cited by1 cases

This text of 34 A.D.2d 516 (Sales Ammunition Inc. v. Standard Paper Manufacturing Co.) 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

Sales Ammunition Inc. v. Standard Paper Manufacturing Co., 34 A.D.2d 516, 308 N.Y.S.2d 635, 1970 N.Y. App. Div. LEXIS 5391 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order, entered on October 16, 1969, denying defendant’s motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to defendant-appellant, motion granted and complaint dismissed. Plaintiff, which failed to submit a single affidavit in opposition to defendant’s motion below, seeks an accounting, an injunction and damages, because of defendant’s alleged manufacture and sale of paper in violation of plaintiff’s contractual and property rights. The exclusive agreement, testified to by plaintiff’s president and sole stockholder, upon his pretrial [517]*517examination, and which forms the basis of plaintiff’s claims, was oral, was not one which might be performed within one year from the making thereof, and is accordingly barred by the Statute of Frauds (General Obligations Law, § 5-701, subd. 1; Zupan v. Blumberg, 2 N Y2d 547, 552). Nor does the present complaint state a cause of action based upon any form of tortious misconduct or interference with property rights. Concur — Capozzoli, J. P., McGivern, Markewieh and Stener, JJ.

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Order, entered on October 16, 1969, denying defendant’s motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to defendant-appellant, motion granted and complaint dismissed. Plaintiff, which failed to submit a single affidavit in opposition to defendant’s motion below, seeks an accounting, an injunction and damages, because of defendant’s alleged manufacture and sale of paper in violation of plaintiff’s contractual and property rights. The exclusive agreement, testified to by plaintiff’s president and sole stockholder, upon his pretrial [517]*517examination, and which forms the basis of plaintiff’s claims, was oral, was not one which might be performed within one year from the making thereof, and is accordingly barred by the Statute of Frauds (General Obligations Law, § 5-701, subd. 1; Zupan v. Blumberg, 2 N Y2d 547, 552). Nor does the present complaint state a cause of action based upon any form of tortious misconduct or interference with property rights. Concur — Capozzoli, J. P., McGivern, Markewieh and Stener, JJ.

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Bluebook (online)

34 A.D.2d 516, 308 N.Y.S.2d 635, 1970 N.Y. App. Div. LEXIS 5391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sales-ammunition-inc-v-standard-paper-manufacturing-co-nyappdiv-1970.

Opinion

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