Warthman v. Manufacturers Trust Co.

Appellate Division of the Supreme Court of New York

Warthman v. Manufacturers Trust Co.

261 A.D. 891, 25 N.Y.S.2d 361

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

DecidedFebruary 14, 1941

StatusPublished

This text of 261 A.D. 891 (Warthman v. Manufacturers Trust Co.) 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.

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Warthman v. Manufacturers Trust Co., 261 A.D. 891, 25 N.Y.S.2d 361 (N.Y. Ct. App. 1941).

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Opinion

Per Curiam.

We are of opinion that the allegations of domination and control found in the fourth and fifth causes of action are sufficiently coupled with other allegations to sustain the causes as sufficient. We are further of opinion that the order appealed from otherwise was properly made.

It follows, therefore, that the order appealed from should be modified by denying the motion to strike out the fourth and fifth causes of action as insufficient in law, and, as so modified, the order appealed from should be affirmed, without costs, with leave to the plaintiff to serve an amended complaint within ten days after service of a copy of the order to be entered hereon.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously modified by denying the motion to strike out the fourth and fifth causes of action as insufficient in law, and, as so modified affirmed, without costs, with leave to the plaintiff to serve an amended complaint within ten days after service of order.

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Per Curiam.

We are of opinion that the allegations of domination and control found in the fourth and fifth causes of action are sufficiently coupled with other allegations to sustain the causes as sufficient. We are further of opinion that the order appealed from otherwise was properly made.

It follows, therefore, that the order appealed from should be modified by denying the motion to strike out the fourth and fifth causes of action as insufficient in law, and, as so modified, the order appealed from should be affirmed, without costs, with leave to the plaintiff to serve an amended complaint within ten days after service of a copy of the order to be entered hereon.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously modified by denying the motion to strike out the fourth and fifth causes of action as insufficient in law, and, as so modified affirmed, without costs, with leave to the plaintiff to serve an amended complaint within ten days after service of order.

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Bluebook (online)

261 A.D. 891, 25 N.Y.S.2d 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warthman-v-manufacturers-trust-co-nyappdiv-1941.