Opinion
May 17, 1943.
Order granting defendants' motion for judgment on the pleadings dismissing the amended complaint reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. While the second cause of action is insufficient in law ( Miller v. Vanderlip, 285 N.Y. 116), in our opinion the first cause of action states facts sufficient to constitute a cause of action for breach of contract. Performance by a promisee of an act which he is not obligated to perform, or the surrender by him of a privilege which he has the legal right to assert, is sufficient consideration for a promise, since it is a legal detriment, irrespective of whether it is an actual detriment or loss to him. ( L'Amoreux v. Gould, 7 N.Y. 349; Hamer v. Sidway, 124 N.Y. 538; Lajam v. Sahdala Son Corp., 184 App. Div. 490; Street v. Galt, 136 App. Div. 724.) Hagarty, Johnston, Adel, Taylor and Lewis, JJ., concur. [See post, p. 801.]