McKee-Berger-Mansueto Inc. v. Federman

Appellate Division of the Supreme Court of New York

McKee-Berger-Mansueto Inc. v. Federman

30 A.D.2d 515, 291 N.Y.S.2d 763, 1968 N.Y. App. Div. LEXIS 4019

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

DecidedMay 14, 1968

StatusPublished

This text of 30 A.D.2d 515 (McKee-Berger-Mansueto Inc. v. Federman) 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

McKee-Berger-Mansueto Inc. v. Federman, 30 A.D.2d 515, 291 N.Y.S.2d 763, 1968 N.Y. App. Div. LEXIS 4019 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order, entered on December 6, 1967, granting plaintiffs’ motion for leave to replead their fifth cause of action, unanimously affirmed, without costs and disbursements to either party. Special damages have been sufficiently alleged in compliance with this court’s prior order. The claimed lack of specificity may be cured by means of a proper demand for and bill of particulars. The fact that general and punitive damages are not recoverable in an action based on unconventional tort, as alleged in the fifth cause of action, does not require dismissal of said cause of action since it is otherwise now properly pleaded. Concur—Eager, J. P., Steuer, Capozzoli, Tilzer and Rabin, JJ.

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Order, entered on December 6, 1967, granting plaintiffs’ motion for leave to replead their fifth cause of action, unanimously affirmed, without costs and disbursements to either party. Special damages have been sufficiently alleged in compliance with this court’s prior order. The claimed lack of specificity may be cured by means of a proper demand for and bill of particulars. The fact that general and punitive damages are not recoverable in an action based on unconventional tort, as alleged in the fifth cause of action, does not require dismissal of said cause of action since it is otherwise now properly pleaded. Concur—Eager, J. P., Steuer, Capozzoli, Tilzer and Rabin, JJ.

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Bluebook (online)

30 A.D.2d 515, 291 N.Y.S.2d 763, 1968 N.Y. App. Div. LEXIS 4019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-berger-mansueto-inc-v-federman-nyappdiv-1968.