Burke v. Burgess

Appellate Division of the Supreme Court of New York

Burke v. Burgess

252 A.D. 920, 300 N.Y.S. 764, 1937 N.Y. App. Div. LEXIS 6808

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 1937

StatusPublished

This text of 252 A.D. 920 (Burke v. Burgess) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burke v. Burgess, 252 A.D. 920, 300 N.Y.S. 764, 1937 N.Y. App. Div. LEXIS 6808 (N.Y. Ct. App. 1937).

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Opinion

Order affirmed, with ten dollars costs and disbursements, and time to serve amended complaint extended to twenty days after the date of service of a copy of the order, with notice of entry, and upon payment of costs in this court and at the Special Term. Memorandum: The diffuse, repetitious and chaotic amended complaint seems to allege in each of the first and second causes of action sundry causes of action not now separately stated and numbered. The third cause of action apparently alleges nothing but damages in addition to the first two causes of action. A plain and concise statement of material facts upon which each cause of action is founded as provided for in section 241 of the Civil Practice Act will further the interests of justice. All concur. (The order directs plaintiff to serve an amended complaint.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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Order affirmed, with ten dollars costs and disbursements, and time to serve amended complaint extended to twenty days after the date of service of a copy of the order, with notice of entry, and upon payment of costs in this court and at the Special Term. Memorandum: The diffuse, repetitious and chaotic amended complaint seems to allege in each of the first and second causes of action sundry causes of action not now separately stated and numbered. The third cause of action apparently alleges nothing but damages in addition to the first two causes of action. A plain and concise statement of material facts upon which each cause of action is founded as provided for in section 241 of the Civil Practice Act will further the interests of justice. All concur. (The order directs plaintiff to serve an amended complaint.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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Bluebook (online)

252 A.D. 920, 300 N.Y.S. 764, 1937 N.Y. App. Div. LEXIS 6808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-burgess-nyappdiv-1937.