December 3, 1996. Order, Supreme Court, New York County (Ira' Gammerman, J.), entered May 30, 1996, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated. Before: Rosenberger, J.P., Ellerin, Williams, Mazzarelli and Andrias, JJ. The IAS Court properly rejected defendants' argument that the provision of the Statute of Frauds which bars enforcement of oral agreements which by their
No. 2009-03403. November 24, 2009. In an action for a judgment declaring that the parties' agreement had been lawfully terminated and was of no further force and effect, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), entered March 24, 2009, which denied its motion, in effect, for summary judgment on the complaint, and, in effect, searched the record and awarded summary judgment to the defendant declaring that the agreement between the parties was not lawfully
90309 May 9, 2002. Appeal from an order of the Supreme Court (Meddaugh, J.), entered April 30, 2001 in Sullivan County, which, inter alia, partially granted plaintiffs' motion for summary judgment. Hodgson Russ L.L.P., Albany (Deborah L. Kelly of counsel), for appellant. Meighan Necarsulmer, Mamaroneck (John Carter Rice of Rice Justice, Albany, of counsel), for respondents. Before: Cardona, P.J., Mercure, Carpinello, Mugglin and, Rose, JJ. MEMORANDUM AND ORDER Rose, J. This action concerns a family
February 18, 1938. Appeal from Supreme Court of New York County. Albert M. Gilbert of counsel [ Aaron S. Yohalem and George A. Elber with him on the brief; Abraham M. Davis, attorney], for the appellant. Richard J. Mackey of counsel [ Mackey Herrlich, attorneys], for the respondent. CALLAHAN, J. The plaintiff complains that defendant committed actionable defamation by means of a radio broadcast. The basis of the charge is that plaintiff, a well-known news writer, relying on observations gathered
July 28, 1938. John W. Hollis, for the plaintiff. Lyle W. Jackson, for the defendants. LAPHAM, J. The amended complaint in this action is challenged by a motion to dismiss under rule 106 of the Rules of Civil Practice on the ground that it fails to state facts sufficient to constitute a cause of action. The plaintiff is the acting principal of the Hornell High School and the Junior High School in the city of Hornell. The defendant Dodge is the superintendent of schools in the city of Hornell and
Dissolution is caused: 1. Without violation of the agreement between the partners, (a) By the termination of the definite term or particular undertaking specified in the agreement, (b) By the express will of any partner when no definite term or particular undertaking is specified, (c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking