Miller v. Cassini

Appellate Division of the Supreme Court of New York

Miller v. Cassini

259 A.D. 118, 18 N.Y.S.2d 454, 1940 N.Y. App. Div. LEXIS 6065

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

DecidedMarch 15, 1940

StatusPublished

Cited by3 cases

This text of 259 A.D. 118 (Miller v. Cassini) 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

Miller v. Cassini, 259 A.D. 118, 18 N.Y.S.2d 454, 1940 N.Y. App. Div. LEXIS 6065 (N.Y. Ct. App. 1940).

Pincite

Opinion

Per Curiam.

All the allegations of fraud are not mere generalities. Assuming as we must that all the allegations of the pleading are true, it sufficiently states a defense and counterclaim to the action and should not have been stricken out. (Mersereau v. Simon, 255 App. Div. 997.)

The order so far as appealed from should be reversed, with twenty dollars costs and disbursements, and the motion denied, with leave to the plaintiff to reply within ten days after service of order on payment of said costs.

Present ■ — • Mabtin, P. J., Glennon, Dobe, Cohn and Callahan, JJ.

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements, and motion denied, with leave to the plaintiff to reply within ten days after service of order on payment of said costs.

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