Posen v. Cowdin

261 A.D. 1065, 27 N.Y.S.2d 781, 1941 N.Y. App. Div. LEXIS 8762

Opinion

Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant-appellant to answer within ten days after service of order on payment of said costs, No opinion. Present — Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.; Dore, J., dissents and votes to reverse and grant the motion on the ground that the allegations in paragraph “ third ” of the complaint are merely general conclusions instead of allegations of fact.