Raptis v. Grand Union Co.

Appellate Division of the Supreme Court of New York

Raptis v. Grand Union Co.

13 A.D.2d 738, 214 N.Y.S.2d 821, 1961 N.Y. App. Div. LEXIS 10937

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

DecidedMay 11, 1961

StatusPublished

This text of 13 A.D.2d 738 (Raptis v. Grand Union 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

Raptis v. Grand Union Co., 13 A.D.2d 738, 214 N.Y.S.2d 821, 1961 N.Y. App. Div. LEXIS 10937 (N.Y. Ct. App. 1961).

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Opinion

— Order entered on or about January 9, 1961, denying defendant’s motion to dismiss the second amended complaint for legal insufficiency under rule 106 of the Rules of Civil Practice, unanimously reversed, on the law, with $20 costs and disbursements to defendant-appellant and the motion granted, with $10 costs, with leave, in the exercise of discretion, to plaintiff-respondent to serve a further amended complaint. The allegations of breach of covenant are [739]*739patently conclusory and, therefore, insufficient. Concur — Breitel, J. P., Rabin, Stevens, Eager and Bastow, JJ.

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— Order entered on or about January 9, 1961, denying defendant’s motion to dismiss the second amended complaint for legal insufficiency under rule 106 of the Rules of Civil Practice, unanimously reversed, on the law, with $20 costs and disbursements to defendant-appellant and the motion granted, with $10 costs, with leave, in the exercise of discretion, to plaintiff-respondent to serve a further amended complaint. The allegations of breach of covenant are [739]*739patently conclusory and, therefore, insufficient. Concur — Breitel, J. P., Rabin, Stevens, Eager and Bastow, JJ.

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Bluebook (online)

13 A.D.2d 738, 214 N.Y.S.2d 821, 1961 N.Y. App. Div. LEXIS 10937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raptis-v-grand-union-co-nyappdiv-1961.