141 N.Y. 144 | NY | 1894
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At the trial of this action, upon the defendants' motion, the court, without taking any proof, dismissed *150
the complaint upon the ground that it did not state sufficient facts to constitute a cause of action. To this ruling and direction the plaintiff's counsel excepted. The appeal, therefore, presents but a single question, and that is whether, in law, the complaint was sufficient as a pleading to give the plaintiff a standing before the court sufficient to enable her to make out her case by proof if she could. The learned trial judge, as well as the General Term, have apparently reached this conclusion upon the theory that this court, when the case was here on a former appeal, decided that sufficient facts had not been averred. (Kain v. Larkin,
The judgment should be reversed and a new trial granted, costs to abide the event.
All concur.
Judgment reversed.