Weather-All Fashions, Inc. v. Ameritex, Division of United Merchants & Manufacturers, Inc.

Appellate Division of the Supreme Court of New York

Weather-All Fashions, Inc. v. Ameritex, Division of United Merchants & Manufacturers, Inc.

58 A.D.2d 770, 397 N.Y.S.2d 899, 1977 N.Y. App. Div. LEXIS 12926

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

DecidedJuly 12, 1977

StatusPublished

This text of 58 A.D.2d 770 (Weather-All Fashions, Inc. v. Ameritex, Division of United Merchants & Manufacturers, 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

Weather-All Fashions, Inc. v. Ameritex, Division of United Merchants & Manufacturers, Inc., 58 A.D.2d 770, 397 N.Y.S.2d 899, 1977 N.Y. App. Div. LEXIS 12926 (N.Y. Ct. App. 1977).

Pincite

Opinion

Order, Supreme Court, New York County, entered February 1, 1977, denying defendants-respondents’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and without disbursements, and the motion granted, without prejudice to an application at Special Term for disclosure to aid in bringing an action (CPLR 3102, subd [c]). While plaintiff-respondent may be correct in the assertion that knowledge of essential facts is solely in defendants-appellants’ possession, the complaint is bare of factual allegations, consisting entirely of unsupported conclusions. However, plaintiff, as is suggested, is not without remedy. Concur—Birns, J. P., Evans, Capozzoli and Markewich, JJ.

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Order, Supreme Court, New York County, entered February 1, 1977, denying defendants-respondents’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and without disbursements, and the motion granted, without prejudice to an application at Special Term for disclosure to aid in bringing an action (CPLR 3102, subd [c]). While plaintiff-respondent may be correct in the assertion that knowledge of essential facts is solely in defendants-appellants’ possession, the complaint is bare of factual allegations, consisting entirely of unsupported conclusions. However, plaintiff, as is suggested, is not without remedy. Concur—Birns, J. P., Evans, Capozzoli and Markewich, JJ.

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Bluebook (online)

58 A.D.2d 770, 397 N.Y.S.2d 899, 1977 N.Y. App. Div. LEXIS 12926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weather-all-fashions-inc-v-ameritex-division-of-united-merchants-nyappdiv-1977.