Thor Eckert & Co. v. Routsis

Appellate Division of the Supreme Court of New York

Thor Eckert & Co. v. Routsis

8 A.D.2d 793, 188 N.Y.S.2d 295, 1959 N.Y. App. Div. LEXIS 7923

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

DecidedJune 18, 1959

StatusPublished

This text of 8 A.D.2d 793 (Thor Eckert & Co. v. Routsis) 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

Thor Eckert & Co. v. Routsis, 8 A.D.2d 793, 188 N.Y.S.2d 295, 1959 N.Y. App. Div. LEXIS 7923 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order so far as appealed from unanimously affirmed, without costs. In addition to the defects in the pleading indicated by Special Term, we call attention to the fact that paragraph 29 merely alleges conclusions. Nor does the pleading state that the defendant relied upon the representations allegedly made by the plaintiff. A comparison of paragraphs 25 and 29 indicates that no consummated joint venture, upon which the defendant relied, or which induced him to change his position, or caused him to suffer a loss, is pleaded. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Bastow, JJ.

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Order so far as appealed from unanimously affirmed, without costs. In addition to the defects in the pleading indicated by Special Term, we call attention to the fact that paragraph 29 merely alleges conclusions. Nor does the pleading state that the defendant relied upon the representations allegedly made by the plaintiff. A comparison of paragraphs 25 and 29 indicates that no consummated joint venture, upon which the defendant relied, or which induced him to change his position, or caused him to suffer a loss, is pleaded. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Bastow, JJ.

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Bluebook (online)

8 A.D.2d 793, 188 N.Y.S.2d 295, 1959 N.Y. App. Div. LEXIS 7923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thor-eckert-co-v-routsis-nyappdiv-1959.