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Storer v. Bion Exhibits, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1951
279 App. Div. 756 (N.Y. App. Div. 1951)

Opinion

December 10, 1951.


Defendant appeals from an order denying its motion to dismiss the two causes of action in the complaint on the ground that each does not state facts sufficient to constitute a cause of action and, in addition, as to the first cause, that it is unenforcible by reason of the Statute of Frauds. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to plead anew within ten days after service of the order to be entered hereon. The allegations of defendant's breach are entirely conclusory in the first cause of action. The second cause of action, under which plaintiff seeks to recover on quantum meruit for services rendered during the contract period, should not replead the allegations setting forth the contract between the parties, for the pleading of the contract without a proper allegation of the breach destroys his right to sue on quantum meruit. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.


Summaries of

Storer v. Bion Exhibits, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1951
279 App. Div. 756 (N.Y. App. Div. 1951)
Case details for

Storer v. Bion Exhibits, Inc.

Case Details

Full title:DOUGLAS F. STORER, Respondent, v. BION EXHIBITS, INC., Appellant

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

Date published: Dec 10, 1951

Citations

279 App. Div. 756 (N.Y. App. Div. 1951)