Flatow v. Von Bremsen

City of New York Municipal Court

Flatow v. Von Bremsen

11 N.Y.S. 680, 1890 N.Y. Misc. LEXIS 2297

City of New York Municipal Court·Decided October 6, 1890·Published·Cited by 2 cases

Opinion

Per Curiam.

The words set out in the complaint are not actionable per se, and the action is maintainable only on the theory of special damages, and these are not alleged according to legal requirements. See cases stated in appellant’s brief. It follows that the judgment entered herein must be reversed, and interlocutory judgment ordered in favor of the defendant on the demurrer, with costs, on payment of which, within six days, the plaintiffs may amend by pleading special damages according to the rules of pleading.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The words set out in the complaint are not actionable per se, and the action is maintainable only on the theory of special damages, and these are not alleged according to legal requirements. See cases stated in appellant’s brief. It follows that the judgment entered herein must be reversed, and interlocutory judgment ordered in favor of the defendant on the demurrer, with costs, on payment of which, within six days, the plaintiffs may amend by pleading special damages according to the rules of pleading.

Flatow v. Von Bremsen, 11 N.Y.S. 680, 1890 N.Y. Misc. LEXIS 2297 (N.Y. Super. Ct. 1890).

Pincite

11 N.Y.S. 680 (Flatow v. Von Bremsen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related