Rossi v. Grassi

Appellate Division of the Supreme Court of New York

Rossi v. Grassi

254 A.D. 170, 4 N.Y.S.2d 390, 1938 N.Y. App. Div. LEXIS 6372

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

DecidedMay 13, 1938

StatusPublished

This text of 254 A.D. 170 (Rossi v. Grassi) 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

Rossi v. Grassi, 254 A.D. 170, 4 N.Y.S.2d 390, 1938 N.Y. App. Div. LEXIS 6372 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

As the complaint seeks no relief against respondent and as it does not appear from the allegations as presently stated that plaintiff is entitled to any relief, it states no cause of action as against him.

The order dismissing the complaint as to respondent should, accordingly, be affirmed, with twenty dollars costs and disbursements, but with leave to appellant to Serve an amended complaint within ten days after service of order, upon payment of said costs.

Present — Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ.; Martin, P. J., and Glennon, J., dissent and vote for reversal upon the ground that there are allegations in the complaint sufficient to sustain a cause of action against the defendant Isquith.

Order affirmed, with twenty dollars costs and disbursements, with leave to the plaintiff to serve an amended complaint within ten days after service of order, upon payment of said costs.

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Per Curiam.

As the complaint seeks no relief against respondent and as it does not appear from the allegations as presently stated that plaintiff is entitled to any relief, it states no cause of action as against him.

The order dismissing the complaint as to respondent should, accordingly, be affirmed, with twenty dollars costs and disbursements, but with leave to appellant to Serve an amended complaint within ten days after service of order, upon payment of said costs.

Present — Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ.; Martin, P. J., and Glennon, J., dissent and vote for reversal upon the ground that there are allegations in the complaint sufficient to sustain a cause of action against the defendant Isquith.

Order affirmed, with twenty dollars costs and disbursements, with leave to the plaintiff to serve an amended complaint within ten days after service of order, upon payment of said costs.

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Bluebook (online)

254 A.D. 170, 4 N.Y.S.2d 390, 1938 N.Y. App. Div. LEXIS 6372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossi-v-grassi-nyappdiv-1938.