Howard Stores Corp. v. Pope

Appellate Division of the Supreme Court of New York

Howard Stores Corp. v. Pope

1 A.D.2d 659, 146 N.Y.S.2d 363, 1955 N.Y. App. Div. LEXIS 3852

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

DecidedDecember 13, 1955

StatusPublished

This text of 1 A.D.2d 659 (Howard Stores Corp. v. Pope) 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

Howard Stores Corp. v. Pope, 1 A.D.2d 659, 146 N.Y.S.2d 363, 1955 N.Y. App. Div. LEXIS 3852 (N.Y. Ct. App. 1955).

Pincite

Opinion

In order to state a cause of action plaintiffs would have to allege that Pope, because of ignorance on his part of the inflammable nature of the material, was induced to forego precautions that he would have taken had the cans been properly labeled. The present complaint lacks a definite allegation to that effect. Although the court has twice pointed out the defect, it is still present in this, the third complaint. Accordingly, the second amended complaint is dismissed without leave to replead. Order unanimously reversed, with $20 costs and disbursements to the appellant, the motion granted, and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. Concur — Breitel, J. P., Bastow, Botein, Rabin and Cox, JJ.

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In order to state a cause of action plaintiffs would have to allege that Pope, because of ignorance on his part of the inflammable nature of the material, was induced to forego precautions that he would have taken had the cans been properly labeled. The present complaint lacks a definite allegation to that effect. Although the court has twice pointed out the defect, it is still present in this, the third complaint. Accordingly, the second amended complaint is dismissed without leave to replead. Order unanimously reversed, with $20 costs and disbursements to the appellant, the motion granted, and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. Concur — Breitel, J. P., Bastow, Botein, Rabin and Cox, JJ.

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Bluebook (online)

1 A.D.2d 659, 146 N.Y.S.2d 363, 1955 N.Y. App. Div. LEXIS 3852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-stores-corp-v-pope-nyappdiv-1955.