Wherefore clause in New York

2021This claim must be dismissed because plaintiffs lacked the requisite special relationship with either Franchisor ( see JMM Sunrise Auto., LLC v Volkswagen Group of Am., Inc., 46 Misc 3d 755, 786-787 [Sup Ct, Nassau County 2014] [no special relationship between franchisor and franchisee], affd on other grounds 149 AD3d 1051 [2d Dept 2017]) or defendants other than Franchisor ( see Sykes v RFD Third Ave.

2021This claim must be dismissed because plaintiffs lacked the requisite special relationship with either Franchisor ( see JMM Sunrise Auto., LLC v Volkswagen Group of Am., Inc., 46 Misc 3d 755, 786-787 [Sup Ct, Nassau County 2014] [no special relationship between franchisor and franchisee], affd on other grounds 149 AD3d 1051 [2d Dept 2017]) or defendants other than Franchisor ( see Sykes v RFD Third Ave.

2014Corp., 120 AD3d 909 [4th Dept 2014] [vacating order granting injunctive relief].) There is no separate cause of action for a permanent injunction thereby making the request at complaint paragraph 5 and in the wherefore clause an apparent orphan (Paulino attorney affirmation, exhibit A at 13-26).

2008Beach, 141 AD2d 175 [1988]; Matter of Dudley v Kerwick, 52 NY2d 542 [1981].) Of particular note is that the petitioners’ wherefore clause seeks an order and judgment: 1.

2008Under the liberal construction theory, a pleading must stand if factual allegations manifest any cause of action cognizable at law, and the pleader is afforded the benefit of any favorable inferences (Salvatore v Kumar, 45 AD3d 560 [2d Dept 2007]).

2008Beach, 141 AD2d 175 [1988]; Matter of Dudley v Kerwick, 52 NY2d 542 [1981].) Of particular note is that the petitioners’ wherefore clause seeks an order and judgment: 1.

1984Corp. ( 51 AD2d 792 ) clearly show that the plaintiff’s action here is not at all merely on the bond and that therefore Lien Law § 37 only applies to paragraph 3 of the wherefore clause but not to, perhaps more important, paragraphs 1 and 2 of the wherefore clause.

1984Since the essence of petitioner’s challenge is to respondent’s administrative determination in assessing additional sales tax, relief, if justified, is obtainable in a CPLR article 78 proceeding (Matter of R & G Outfitters v Bouchard, 101 AD2d 642 ; Matter of Top Tile Bldg.

1983By virtue of the foregoing remarks, the Trial Judge, in effect, denigrated the attempts by plaintiff’s attorney to place before the jury his client’s contentions as to the appropriate amount of damages (see Tate v Colabello, 58 NY2d 84, 87 ; Rice v Ninacs, 34 AD2d 388, 392 ).

1983By virtue of the foregoing remarks, the Trial Judge, in effect, denigrated the attempts by plaintiff’s attorney to place before the jury his client’s contentions as to the appropriate amount of damages (see Tate v Colabello, 58 NY2d 84, 87 ; Rice v Ninacs, 34 AD2d 388, 392 ).

1979In our opinion the instant action seeks only equitable relief and thus the Supreme Court, not the Court of Claims, has jurisdiction over the subject matter (see Matter of Kaye v Whalen, 56 AD2d 111 , affd 44 NY2d 754 ; Matter of St.

1967The decree of May 22, 1959 is binding upon the parties then before the court only in terms of the issue then presented to the court (Rudd v. Cornell, 171 N. Y. 114, 128, 130 ; Bowditch v. Ayrault, 138 N. Y. 222, 231 ; see Matter of Hoyt, 160 N. Y. 607, 618 ; Meredith v. First Trust Co. of Albany, 260 App. Div. 517 , app. dsmd. 285 N. Y. 619 ).

1967The decree of May 22, 1959 is binding upon the parties then before the court only in terms of the issue then presented to the court (Rudd v. Cornell, 171 N. Y. 114, 128, 130 ; Bowditch v. Ayrault, 138 N. Y. 222, 231 ; see Matter of Hoyt, 160 N. Y. 607, 618 ; Meredith v. First Trust Co. of Albany, 260 App. Div. 517 , app. dsmd. 285 N. Y. 619 ).

1967The decree of May 22, 1959 is binding upon the parties then before the court only in terms of the issue then presented to the court (Rudd v. Cornell, 171 N. Y. 114, 128, 130 ; Bowditch v. Ayrault, 138 N. Y. 222, 231 ; see Matter of Hoyt, 160 N. Y. 607, 618 ; Meredith v. First Trust Co. of Albany, 260 App. Div. 517 , app. dsmd. 285 N. Y. 619 ).

1964(Central Westchester Humane Soc. v. Hilleboe, 202 Misc. 873 .) Furthermore the complaint of the plaintiffs contains in the wherefore clause, in the addition to specific relief, a prayer “ and for such other, further and different relief, judgment or decree in the premises as to the court may deem just and proper, together with the costs of this action ’ ’.

1960(See Christmas v. Norden, 282 App. Div. 923 .) Incidentally it is observed that the complaint contains no allegation to support plaintiffs’ right to some of the relief which is prayed for in the wherefore clause.

1957(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282 , 293 et seg.; Gruenebaum v. Lissauer, 185 Misc. 718 , affd. 270 App. Div. 836 , supra; Debtor and Creditor Law, § 278.) Paragraph Fourteenth of the complaint is therefore stricken, and the Wherefore clause of the complaint shall be deemed amended to delete therefrom references to other creditors of Pittsford.

1957(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282 , 293 et seg.; Gruenebaum v. Lissauer, 185 Misc. 718 , affd. 270 App. Div. 836 , supra; Debtor and Creditor Law, § 278.) Paragraph Fourteenth of the complaint is therefore stricken, and the Wherefore clause of the complaint shall be deemed amended to delete therefrom references to other creditors of Pittsford.

1957(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282 , 293 et seg.; Gruenebaum v. Lissauer, 185 Misc. 718 , affd. 270 App. Div. 836 , supra; Debtor and Creditor Law, § 278.) Paragraph Fourteenth of the complaint is therefore stricken, and the Wherefore clause of the complaint shall be deemed amended to delete therefrom references to other creditors of Pittsford.