McKinney v. C. I. T. Corp.

Appellate Division of the Supreme Court of New York

McKinney v. C. I. T. Corp.

263 A.D. 1066, 34 N.Y.S.2d 384, 1942 N.Y. App. Div. LEXIS 8078

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

DecidedMarch 27, 1942

StatusPublished

Cited by1 cases

This text of 263 A.D. 1066 (McKinney v. C. I. T. Corp.) 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

McKinney v. C. I. T. Corp., 263 A.D. 1066, 34 N.Y.S.2d 384, 1942 N.Y. App. Div. LEXIS 8078 (N.Y. Ct. App. 1942).

Pincite

Opinion

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, without costs. Memorandum: As we read the complaint, paragraph [1067]*10677, paragraphs 14 and 15 and paragraph 20 do not allege or attempt to allege separate causes of action. Bather they allege facts which taken together support the single cause of action in contract which the complaint sets forth as constituting plaintiff’s first cause of action. The second ordering paragraph of the order grants relief which should be sought by means of a bill of particulars rather than by requiring plaintiff to plead over. AH concur. (The order requires plaintiff to serve a third amended complaint separately stating and numbering the causes of action.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.

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

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, without costs. Memorandum: As we read the complaint, paragraph [1067]*10677, paragraphs 14 and 15 and paragraph 20 do not allege or attempt to allege separate causes of action. Bather they allege facts which taken together support the single cause of action in contract which the complaint sets forth as constituting plaintiff’s first cause of action. The second ordering paragraph of the order grants relief which should be sought by means of a bill of particulars rather than by requiring plaintiff to plead over. AH concur. (The order requires plaintiff to serve a third amended complaint separately stating and numbering the causes of action.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

263 A.D. 1066, 34 N.Y.S.2d 384, 1942 N.Y. App. Div. LEXIS 8078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-c-i-t-corp-nyappdiv-1942.

Opinion

Related

Cite This Page — Counsel Stack