SMITH, INC. v. GIBSON ART CO.


15 Misc.2d 504 (1958)

E. Errett Smith, Inc., Plaintiff, v. Gibson Art Company, Defendant.

Supreme Court, Special Term, New York County.

October 29, 1958.


Attorney(s) appearing for the Case

Sullivan & Cromwell (Roy H. Steyer and Frederick A. Terry, Jr., of counsel), for defendant.

Taylor, Scoll & Simon (David E. Scoll and Kenneth Simon of counsel), for plaintiff.


VINCENT A. LUPIANO, J.

Defendant moves for dismissal of the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice contending that the plaintiff has no standing to sue, the complaint does not plead the occurrence of a condition precedent and specific performance does not lie because plaintiff has an adequate remedy at law.

The agreement in suit is signed by the defendant. It is...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases