Valois v. Tompkins

City of New York Municipal Court

Valois v. Tompkins

2 N.Y. City Ct. Rep. 407

DecidedMay 15, 1887

StatusPublished

This text of 2 N.Y. City Ct. Rep. 407 (Valois v. Tompkins) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Valois v. Tompkins, 2 N.Y. City Ct. Rep. 407 (N.Y. Super. Ct. 1887).

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Opinion

McAdam, Ch. J.

The gravamen of the complaint is that “ through the negligence,, omission and breach of duty of the defendant, her agents and servants;, .... the fixtures and stock in trade of plaintiff were damaged by water leaking through from the floor above the one occupied by the plaintiff, to his damage, etc.” The defendant is the owner of the property, and not the occupant of the [408]*408floor from which the water came. The complaint should be made more specific in regard to -the breach of duty by the defendant, its nature and the like, so that the facts charged may show the breach, instead of asking it to be inferred from the mere conclusions of the pleader.

Motion to make complaint more definite in the respects aforesaid granted, without costs.

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McAdam, Ch. J.

The gravamen of the complaint is that “ through the negligence,, omission and breach of duty of the defendant, her agents and servants;, .... the fixtures and stock in trade of plaintiff were damaged by water leaking through from the floor above the one occupied by the plaintiff, to his damage, etc.” The defendant is the owner of the property, and not the occupant of the [408]*408floor from which the water came. The complaint should be made more specific in regard to -the breach of duty by the defendant, its nature and the like, so that the facts charged may show the breach, instead of asking it to be inferred from the mere conclusions of the pleader.

Motion to make complaint more definite in the respects aforesaid granted, without costs.

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Bluebook (online)

2 N.Y. City Ct. Rep. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valois-v-tompkins-nynyccityct-1887.