ANGELINA v. EUCLID CONCRETE CORP.


280 A.D. 405 (1952)

Louis Angelina, Appellant, v. Euclid Concrete Corp., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 18, 1952.


Attorney(s) appearing for the Case

Harris Birnbaum of counsel (Heiko & Mutari, attorneys), for appellant.

Maurice Finkelstein for respondents.

PECK, P. J., and CALLAHAN, J., concur with BERGAN, J.; DORE, J., dissents and votes to reverse and deny the motion, in opinion.


BERGAN, J.

The complaint pleads several causes of action based on an agreement between plaintiff and the corporate defendant under which plaintiff was to receive fees and a salary in connection with masonry construction work in which this defendant was engaged. The court at Special Term has stricken out the fourth cause of action for insufficiency on its face and we are concerned here with the question whether that cause is well pleaded.

It is...

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