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Walkovsky v. Carlton

244 N.E.2d 55, 23 N.Y.2d 714, 296 N.Y.S.2d 362, 1968 N.Y. LEXIS 987
CourtNew York Court of Appeals
DecidedNovember 27, 1968
StatusPublished
Cited by2 cases

This text of 244 N.E.2d 55 (Walkovsky v. Carlton) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walkovsky v. Carlton, 244 N.E.2d 55, 23 N.Y.2d 714, 296 N.Y.S.2d 362, 1968 N.Y. LEXIS 987 (N.Y. 1968).

Opinion

Order affirmed, with costs, in the following memorandum: The complaint before us — amended following our decision when the case was previously here (18 N Y 2d 414) —now meets the pleading requirements set forth in the court’s opinion and states a valid cause of action. It is hardly necessary to add that we pass only upon the sufficiency of the complaint and that it will be incumbent upon the plaintiff, if he is to succeed, to prove upon the trial the truth and correctness of his allegations. Question certified answered in the affirmative.

Concur: Chief Judge Fuld and Judges Burke, Soilrpfi, Bergan, Keating, Breitel and Jasen.

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Bluebook (online)
244 N.E.2d 55, 23 N.Y.2d 714, 296 N.Y.S.2d 362, 1968 N.Y. LEXIS 987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walkovsky-v-carlton-ny-1968.