Toon v. City of New York

Appellate Division of the Supreme Court of New York

Toon v. City of New York

60 A.D.2d 576, 399 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 14513

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

DecidedDecember 5, 1977

StatusPublished

This text of 60 A.D.2d 576 (Toon 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

Toon v. City of New York, 60 A.D.2d 576, 399 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 14513 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action, inter alia, to recover damages for assault, false arrest and malicious prosecution, defendant General Motors Acceptance Corporation appeals from an order of the Supreme Court, Kings County, dated March 25, 1977, which denied its motion to dismiss the complaint as against it for failure to state a cause of action. Order affirmed, without costs or disbursements. While it is unlikely that plaintiff-respondent will recover against appellant in this action, particularly in view of the theories set forth in his complaint, we note that paragraph "Forty-Fifth” thereof alleges that appellant did not convey good title to him. Under this circumstance, the complaint is good as a pleading. Hopkins, J. P., Latham, Shapiro and Mollen, JJ., concur.

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In an action, inter alia, to recover damages for assault, false arrest and malicious prosecution, defendant General Motors Acceptance Corporation appeals from an order of the Supreme Court, Kings County, dated March 25, 1977, which denied its motion to dismiss the complaint as against it for failure to state a cause of action. Order affirmed, without costs or disbursements. While it is unlikely that plaintiff-respondent will recover against appellant in this action, particularly in view of the theories set forth in his complaint, we note that paragraph "Forty-Fifth” thereof alleges that appellant did not convey good title to him. Under this circumstance, the complaint is good as a pleading. Hopkins, J. P., Latham, Shapiro and Mollen, JJ., concur.

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Bluebook (online)

60 A.D.2d 576, 399 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 14513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toon-v-city-of-new-york-nyappdiv-1977.