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Chemical Bank v. Scott

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1974
46 A.D.2d 611 (N.Y. App. Div. 1974)

Opinion

October 10, 1974


Order, Supreme Court, New York County, entered May 7, 1974, unanimously reversed, on the law, to the extent appealed from, and the motion of plaintiff-appellant granted dismissing the first counterclaim of defendant-respondent, Harold W. Scott. Appellant shall recover of respondent $60 costs and disbursements of this appeal. Suit is upon a promissory note executed by both the defendants. The counterclaim is for alleged interference with a business opportunity. Not only is there failure to demonstrate that, absent such interference, the opportunity would have been realized, but it appears that, in any event, the fruits of the opportunity, if realized, would not have inured to the benefit of defendant-respondent, but to the corporation of which he was an officer and stockholder.

Concur — Markewich, J.P., Kupferman, Lupiano, Steuer and Capozzoli, JJ.


Summaries of

Chemical Bank v. Scott

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1974
46 A.D.2d 611 (N.Y. App. Div. 1974)
Case details for

Chemical Bank v. Scott

Case Details

Full title:CHEMICAL BANK, Appellant, v. HAROLD W. SCOTT, Respondent, et al., Defendant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 10, 1974

Citations

46 A.D.2d 611 (N.Y. App. Div. 1974)