BRIEFSTEIN v. ROTONDO CONSTR. CO.


8 A.D.2d 349 (1959)

Joseph M. Briefstein, Respondent, v. P. J. Rotondo Construction Co., Inc. et al., Appellants

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

June 25, 1959.


Attorney(s) appearing for the Case

Max J. Gwertzman for appellants.

Louis B. Frutkin of counsel (George Kittner, attorney), for respondent.

BREITEL, J. P., VALENTE, McNALLY, STEVENS and BERGAN, JJ., concur.


BERGAN, J.

The form of the defendants' motion is to dismiss "each of the four" causes of action set forth in the complaint on the stated ground that "it", i.e., the complaint, does not state facts sufficient to constitute a cause of action.

The first cause is largely devoted to pleading an agreement to enter into a written contract which failed of consummation. Plaintiff alleges he owned a lumber business...

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