Phillips v. Rosenthal-Romagnoli Co.

Appellate Division of the Supreme Court of New York

Phillips v. Rosenthal-Romagnoli Co.

170 A.D. 960

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

DecidedOctober 15, 1915

StatusPublished

This text of 170 A.D. 960 (Phillips v. Rosenthal-Romagnoli Co.) 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

Phillips v. Rosenthal-Romagnoli Co., 170 A.D. 960 (N.Y. Ct. App. 1915).

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Opinion

Per Curiam:

We think that this complaintis insufficient. There is no allegation that the assault was committed in the course of the servant’s employment, or in pursuance of any authority given by defendant, or while the servant was acting in the defendant’s interest. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion for judgment on the pleadings granted, with ten dollars costs, with leave to the plaintiff to serve an amended complaint within twenty days on payment of costs in this court and in the court below. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint on payment of costs in this court and in the court below.

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Per Curiam:

We think that this complaintis insufficient. There is no allegation that the assault was committed in the course of the servant’s employment, or in pursuance of any authority given by defendant, or while the servant was acting in the defendant’s interest. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion for judgment on the pleadings granted, with ten dollars costs, with leave to the plaintiff to serve an amended complaint within twenty days on payment of costs in this court and in the court below. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint on payment of costs in this court and in the court below.

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Bluebook (online)

170 A.D. 960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-rosenthal-romagnoli-co-nyappdiv-1915.