Professional Health Services, Inc. v. City of New York

Appellate Division of the Supreme Court of New York

Professional Health Services, Inc. v. City of New York

34 A.D.2d 918, 311 N.Y.S.2d 342

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

DecidedJune 11, 1970

StatusPublished

This text of 34 A.D.2d 918 (Professional Health Services, Inc. v. City of New York) 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

Professional Health Services, Inc. v. City of New York, 34 A.D.2d 918, 311 N.Y.S.2d 342 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order, entered on February 17, 1970, disposing of motions by plaintiffs and cross motion by defendant, unanimously reversed on the law, to the extent appealed from, with $50 costs and disbursements to the appellant, and the complaint dismissed, with leave to plaintiffs to apply at Special Term for permission to replead. (Cushman é Wakefield v. John David, Ino., 23 A D 2d 827, 25 A D 2d 133.) The present, abbreviated complaint is legally insufficient in that it “ does not comply with the minimal requirement of CPLR that the statements in a complaint must be ‘ sufficiently particular to give the court and parties notice of the transactions, occurrences, or series -of transactions or occurrences, intended to be proved and the material elements of each cause of action or defense ’ (CPLR 3013). There is a failure to state the essential facts constituting the material elements of any cause of action ”. (Menon v. Kennedy, 24 A D 2d 849.) Concur — Eager, J. P., Capozzoli, McGivern and Nunez, JJ.

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Order, entered on February 17, 1970, disposing of motions by plaintiffs and cross motion by defendant, unanimously reversed on the law, to the extent appealed from, with $50 costs and disbursements to the appellant, and the complaint dismissed, with leave to plaintiffs to apply at Special Term for permission to replead. (Cushman é Wakefield v. John David, Ino., 23 A D 2d 827, 25 A D 2d 133.) The present, abbreviated complaint is legally insufficient in that it “ does not comply with the minimal requirement of CPLR that the statements in a complaint must be ‘ sufficiently particular to give the court and parties notice of the transactions, occurrences, or series -of transactions or occurrences, intended to be proved and the material elements of each cause of action or defense ’ (CPLR 3013). There is a failure to state the essential facts constituting the material elements of any cause of action ”. (Menon v. Kennedy, 24 A D 2d 849.) Concur — Eager, J. P., Capozzoli, McGivern and Nunez, JJ.

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Bluebook (online)

34 A.D.2d 918, 311 N.Y.S.2d 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/professional-health-services-inc-v-city-of-new-york-nyappdiv-1970.