Silver's Lunch Stores, Inc. v. United Electric Light & Power Co.

146 Misc. 554, 261 N.Y.S. 714, 1932 N.Y. Misc. LEXIS 1733

• Court: Appellate Terms of the Supreme Court of New York
• Decided: December 27, 1932
• Status: Published

Opinion

Per Curiam.

If plaintiff relies upon an actual promise or undertaking by defendant, it should plead the facts plainly and concisely, and eliminate from the cause of action all reference to duties supposed to be imposed by law.

Order modified by granting leave to plaintiff to serve an amended complaint within six days after service of order entered hereon, and, as modified, affirmed, with disbursements to plaintiff. Upon service of amended complaint, judgment vacated; and, in default of service of such amended pleading, judgment affirmed, with costs.

Lydon and Frankenthaler, JJ., concur; Levy, J., dissents.