United Interchange, Inc. v. Aragoni

Appellate Division of the Supreme Court of New York

United Interchange, Inc. v. Aragoni

17 A.D.2d 1004, 233 N.Y.S.2d 840, 1962 N.Y. App. Div. LEXIS 6982

Appellate Division of the Supreme Court of the State of New York·Decided November 21, 1962·Published·Cited by 1 cases

Opinion

Appeal from an order of the Supreme Court denying defendant’s motion to dismiss the complaint. The complaint alleges a written contract, signed by the defendant and accepted in writing by the plaintiff, and also alleges “ That plaintiff duly performed all conditions of said Contract on its part to be performed”. While appellant attempts to argue the merits, we may not, of course, consider the merits upon this appeal. Accepting, as we must, the truth of all of the allegations of the complaint, it states a cause of action. Order unanimously affirmed, without costs. Present-—Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ.

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Appeal from an order of the Supreme Court denying defendant’s motion to dismiss the complaint. The complaint alleges a written contract, signed by the defendant and accepted in writing by the plaintiff, and also alleges “ That plaintiff duly performed all conditions of said Contract on its part to be performed”. While appellant attempts to argue the merits, we may not, of course, consider the merits upon this appeal. Accepting, as we must, the truth of all of the allegations of the complaint, it states a cause of action. Order unanimously affirmed, without costs. Present-—Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ.

United Interchange, Inc. v. Aragoni, 17 A.D.2d 1004, 233 N.Y.S.2d 840, 1962 N.Y. App. Div. LEXIS 6982 (N.Y. Ct. App. 1962).

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