Mishkin v. Dormer

Appellate Division of the Supreme Court of New York

Mishkin v. Dormer

53 A.D.2d 527, 384 N.Y.S.2d 185, 1976 N.Y. App. Div. LEXIS 13124

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

DecidedJune 8, 1976

StatusPublished

This text of 53 A.D.2d 527 (Mishkin v. Dormer) 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

Mishkin v. Dormer, 53 A.D.2d 527, 384 N.Y.S.2d 185, 1976 N.Y. App. Div. LEXIS 13124 (N.Y. Ct. App. 1976).

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Opinion

Order, Supreme Court, New York County, entered March 8, 1976, granting the motion made by all defendants except Dormer and Luks requiring plaintiff-appellant to serve a new complaint upon the finding that the "complaint in its present form, abounds in generalities and lumps together various causes of action, making it impossible to be intelligently answered”, unanimously affirmed, with $40 costs and disbursements to respondents. (Board of Educ. v Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL-CIO, 38 NY2d 397), relied upon by the plaintiff-appellant, does authorize pleading a cause of action for [528]*528prima facie tort when traditional torts have also been pleaded but this does not license a melange of causes of action to be stated as one. Concur— Kupferman, J. P., Lupiano, Silverman, Lane and Lynch, JJ.

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Order, Supreme Court, New York County, entered March 8, 1976, granting the motion made by all defendants except Dormer and Luks requiring plaintiff-appellant to serve a new complaint upon the finding that the "complaint in its present form, abounds in generalities and lumps together various causes of action, making it impossible to be intelligently answered”, unanimously affirmed, with $40 costs and disbursements to respondents. (Board of Educ. v Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL-CIO, 38 NY2d 397), relied upon by the plaintiff-appellant, does authorize pleading a cause of action for [528]*528prima facie tort when traditional torts have also been pleaded but this does not license a melange of causes of action to be stated as one. Concur— Kupferman, J. P., Lupiano, Silverman, Lane and Lynch, JJ.

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Bluebook (online)

53 A.D.2d 527, 384 N.Y.S.2d 185, 1976 N.Y. App. Div. LEXIS 13124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mishkin-v-dormer-nyappdiv-1976.

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