Estate of Kate C. Curtis, Inc. v. Fenyvessy

Appellate Division of the Supreme Court of New York

Estate of Kate C. Curtis, Inc. v. Fenyvessy

257 A.D. 910, 12 N.Y.S.2d 82, 1939 N.Y. App. Div. LEXIS 8354

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1939·Published

Opinion

Order affirmed, with ten dollars costs and disbursements. Memorandum: We believe that plaintiff’s first alleged cause of action, which defendants challenge under rule 106, subdivision 5, of the Rules of Civil Practice, contains allegations which sufficiently plead a cause of action for malicious wrong. (Miller v. Spitzer, 224 App. Div. 39, 40-41; Bob v. Hecksher, 235 id. 82, 83-84; Herman v. Gutman, 244 id. 694, 696.) All concur. (The order denies defendants’ motion to dismiss the complaint, in an action for malicious wrong.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Order affirmed, with ten dollars costs and disbursements. Memorandum: We believe that plaintiff’s first alleged cause of action, which defendants challenge under rule 106, subdivision 5, of the Rules of Civil Practice, contains allegations which sufficiently plead a cause of action for malicious wrong. (Miller v. Spitzer, 224 App. Div. 39, 40-41; Bob v. Hecksher, 235 id. 82, 83-84; Herman v. Gutman, 244 id. 694, 696.) All concur. (The order denies defendants’ motion to dismiss the complaint, in an action for malicious wrong.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

Estate of Kate C. Curtis, Inc. v. Fenyvessy, 257 A.D. 910, 12 N.Y.S.2d 82, 1939 N.Y. App. Div. LEXIS 8354 (N.Y. Ct. App. 1939).

Pincite

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Opinion

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