Forsyth v. Vantage Press, Inc.

Appellate Division of the Supreme Court of New York

Forsyth v. Vantage Press, Inc.

8 A.D.2d 705, 185 N.Y.S.2d 618, 1959 N.Y. App. Div. LEXIS 8653

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

DecidedMay 12, 1959

StatusPublished

This text of 8 A.D.2d 705 (Forsyth v. Vantage Press, Inc.) 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

Forsyth v. Vantage Press, Inc., 8 A.D.2d 705, 185 N.Y.S.2d 618, 1959 N.Y. App. Div. LEXIS 8653 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order unanimously modified in the court’s discretion to the extent of striking paragraph 4 from the amended complaint and, as so modified, affirmed, with $20 costs and disbursements to defendant. Plaintiff may, if so advised, serve an amended complaint within 20 days after service of the order entered herein with notice of entry thereof. Paragraph 4 consists solely of a conclusion of law and has no place in the complaint. More properly it would be a subject of the court’s charge, provided the evidence so warrants. Concur — Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Order unanimously modified in the court’s discretion to the extent of striking paragraph 4 from the amended complaint and, as so modified, affirmed, with $20 costs and disbursements to defendant. Plaintiff may, if so advised, serve an amended complaint within 20 days after service of the order entered herein with notice of entry thereof. Paragraph 4 consists solely of a conclusion of law and has no place in the complaint. More properly it would be a subject of the court’s charge, provided the evidence so warrants. Concur — Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Bluebook (online)

8 A.D.2d 705, 185 N.Y.S.2d 618, 1959 N.Y. App. Div. LEXIS 8653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forsyth-v-vantage-press-inc-nyappdiv-1959.