STEINBERG v. ZINBERG


36 A.D.2d 590 (1971)

Julius Steinberg et al., Respondents, v. Arthur D. Zinberg, Appellant

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

February 18, 1971


The third cause of action, based on alleged failure of consideration, is without legal foundation, and superfluous. The contract contemplated some services, however minimal, by the defendant, and it is not for the court to pass upon the adequacy of the services. (Mandel v. Liebman, 303 N.Y. 88, 93.) The other causes of action, at this stage, are viable, and for pleading purposes are...

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