FitzPatrick v. Personal Finance Co.

Appellate Division of the Supreme Court of New York

FitzPatrick v. Personal Finance Co.

241 A.D. 805

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

DecidedApril 15, 1934

StatusPublished

This text of 241 A.D. 805 (FitzPatrick v. Personal Finance Co.) 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

FitzPatrick v. Personal Finance Co., 241 A.D. 805 (N.Y. Ct. App. 1934).

Pincite

Opinion

The first two causes of action do not set forth facts sufficient to constitute complaints sounding in libel. The third cause of action is insufficient as stating an action on the ease since neither negligence nor malice is pleaded. Order reversed, with twenty dollars costs and disbursements, and motion granted, with leave to plaintiff to serve an amended complaint, repleading the third cause of action, within ten days from service of order, upon payment of said costs. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

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The first two causes of action do not set forth facts sufficient to constitute complaints sounding in libel. The third cause of action is insufficient as stating an action on the ease since neither negligence nor malice is pleaded. Order reversed, with twenty dollars costs and disbursements, and motion granted, with leave to plaintiff to serve an amended complaint, repleading the third cause of action, within ten days from service of order, upon payment of said costs. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

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Bluebook (online)

241 A.D. 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-personal-finance-co-nyappdiv-1934.