Wolfson v. Mandell
| Decision Date | 25 January 1962 |
| Citation | 225 N.Y.S.2d 961,11 N.Y.2d 704 |
| Parties | , 181 N.E.2d 217 Joseph Richard WOLFSON et al., Appellant, v. Arnold A. MANDELL et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court Appellate Division First Department, 13 A.D.2d 760, 215 N.Y.S.2d 658.
The plaintiffs, who were the grantees of the exclusive right for the promotion, distribution, and sale of a pencil model epilator, commencing with a 1958 agreement with the right to renew, as modified by a 1960 agreement, brought an action against the defendants for damages, on ground that the defendants wilfully induced and procured a breach of agreement by the grantor.
The Supreme Court, Special Term, New York County, Henry Epstein, J., rendered an order denying the motion of the defendants for summary judgment, and they appealed.
The Appellate Division reversed the order, granted the motion with leave to the plaintiffs to serve an amended complaint, and held that the determination of a federal court that the grantor had effectively terminated the 1960 contract for justifiable cause operated to bar the plaintiffs from relief insofar as relief was sought on a basis of the 1960 contract, but that the plaintiffs were entitled to serve an amended complaint, where the papers submitted contained some proof of an unpleaded cause of action.
The plaintiffs appealed to the Court of Appeals.
Harris Birnbaum, Brooklyn, for plaintiffs-appellants.
Shapiro & Hoeniger, New York City, for defendants-respondents.
Judgment affirmed, with costs.
All concur.
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