William S. Adler, Inc. v. Carlson

Appellate Division of the Supreme Court of New York

William S. Adler, Inc. v. Carlson

161 A.D.2d 1144

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1144 (William S. Adler, Inc. v. Carlson) 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

William S. Adler, Inc. v. Carlson, 161 A.D.2d 1144 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court properly dismissed defendants’ affirmative defenses because defendants failed to allege facts sufficient to support either a waiver or fraud on the part of plaintiff. Because the third-party complaint was based upon the same allegations as the affirmative defenses, it likewise should have been dismissed. (Appeal from order of Supreme Court, Chautauqua County, Ricotta, J.—summary judgment.) Present—Doerr, J. P., Boomer, Green, Lawton and Lowery,

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Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court properly dismissed defendants’ affirmative defenses because defendants failed to allege facts sufficient to support either a waiver or fraud on the part of plaintiff. Because the third-party complaint was based upon the same allegations as the affirmative defenses, it likewise should have been dismissed. (Appeal from order of Supreme Court, Chautauqua County, Ricotta, J.—summary judgment.) Present—Doerr, J. P., Boomer, Green, Lawton and Lowery,

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Bluebook (online)

161 A.D.2d 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-s-adler-inc-v-carlson-nyappdiv-1990.