128 Misc. 434 | N.Y. Sup. Ct. | 1926
This pleading alleges that the defendants were the renting agents of a building owned or controlled by the Metropolitan Life Insurance Company; that in order to induce plaintiff’s
The quite recent case of Fowler-Curtis Company v. Dean (203 App. Div. 317) involves a complaint so similar in principle to the one under discussion that it is indeed surprising that counsel have not called my attention to it. There the complaint alleged that the defendant, a director of Cluett, Peabody & Co., Inc., in order to induce plaintiff to continue manufacturing shirts for that corporation, represented to the former, with intent to deceive, that an offer which plaintiff had made to Cluett, Peabody & Co., Inc., embodying the terms upon which it would continue so to manufacture,
The question of the measure of damages is not now properly before the court and it is sufficient that some damages are alleged. (Winter v. American Aniline Products, 236 N. Y. 199.) The motion to dismiss the amended complaint is, therefore, denied.