History
  • No items yet
midpage
William A. Schulz & Co. v. Lefrak
211 N.Y.S.2d 747
| N.Y. App. Div. | 1961
|
Check Treatment

Order entered October 17, 1960, granting reargument and on such reargument denying defendant’s motion to dismiss the amended complaint *463for legal insufficiency unanimously affirmed, with $20 costs and disbursements to plaintiffs-respondents. The amended complaint satisfies the rule in Williams & Co. v. Collins Tuttle & Co. (6 A D 2d 302). It does so despite the fact that the allegations could have been more direct and clear as to the tortious elements upon which the complaint rests. With respect to defendant’s assertion that the three-year lapse increased plaintiffs’ obligation to specify additional facts, that argument is not available on a motion addressed to the pleading’s sufficiency. Such an argument, however, might be cogent, indeed, upon a motion which searches the evidentiary support for plaintiff’s claim. Concur — Botein, P. J., Breitel, Valente, Stevens and Steuer, JJ.

Case Details

Case Name: William A. Schulz & Co. v. Lefrak
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 14, 1961
Citation: 211 N.Y.S.2d 747
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.