Kaufman v. Farah

New York Court of Appeals

Kaufman v. Farah

104 N.E.2d 368, 303 N.Y. 819, 1952 N.Y. LEXIS 1303

CourtNew York Court of Appeals

DecidedJanuary 24, 1952

StatusPublished

Cited by3 cases

This text of 104 N.E.2d 368 (Kaufman v. Farah) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaufman v. Farah, 104 N.E.2d 368, 303 N.Y. 819, 1952 N.Y. LEXIS 1303 (N.Y. 1952).

Pincite

Opinion

Per Curiam.

We agree with the Appellate Division that the complaint is legally insufficient (Civ. Prac. Act, § 241; Kalmanash v. Smith, 291 N. Y. 142, 153; Naumer v. Gray, 28 App. Div. 529; Steuer v. Hart, 175 App. Div. 829; see, also, Lanyon’s Detective Agency v. Cochrane, 240 N. Y. 274, 277), with the modification, however, that appellant be given ten days to plead over. The judgment should be modified by providing that plaintiff may have ten days in which to serve an amended complaint on payment of costs in all courts, and, as so modified, affirmed.

If the appellant fails to avail himself of such modification, then the judgment is affirmed, with costs.

Lewis, Conway, Dye, Fuld and Froessel, JJ., concur in Per Curiam opinion. Loughran, Ch. J., and Desmond, J., dissent and vote to deny the motion to dismiss the complaint on the ground that this pleading sufficiently complies with section 241 of the Civil Practice Act.

Judgment accordingly.

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

Per Curiam.

We agree with the Appellate Division that the complaint is legally insufficient (Civ. Prac. Act, § 241; Kalmanash v. Smith, 291 N. Y. 142, 153; Naumer v. Gray, 28 App. Div. 529; Steuer v. Hart, 175 App. Div. 829; see, also, Lanyon’s Detective Agency v. Cochrane, 240 N. Y. 274, 277), with the modification, however, that appellant be given ten days to plead over. The judgment should be modified by providing that plaintiff may have ten days in which to serve an amended complaint on payment of costs in all courts, and, as so modified, affirmed.

If the appellant fails to avail himself of such modification, then the judgment is affirmed, with costs.

Lewis, Conway, Dye, Fuld and Froessel, JJ., concur in Per Curiam opinion. Loughran, Ch. J., and Desmond, J., dissent and vote to deny the motion to dismiss the complaint on the ground that this pleading sufficiently complies with section 241 of the Civil Practice Act.

Judgment accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

104 N.E.2d 368, 303 N.Y. 819, 1952 N.Y. LEXIS 1303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-farah-ny-1952.

Opinion

Related

Cite This Page — Counsel Stack