Appellate Division of the Supreme Court of New York, 1946

Pansmith v. Incorporated Village of Island Park

Pansmith v. Incorporated Village of Island Park
Appellate Division of the Supreme Court of New York · Decided November 25, 1946
271 A.D.2d 841
Pansmith v. Incorporated Village of Island Park

Opinion of the Court

Appeal from order denying defendants’ motion under rule 106 of the Rules of Civil Practice, to dismiss the complaint on the ground that it is insufficient in law. Order affirmed, with $10 costs and disbursements. Defendants’ time to answer is extended until ten days from the entry of the order hereon. The complaint contains three causes of action. If any one of them is sufficient the motion was properly denied. (Halstead V. General By. Signal Co., 268 App. Div. 1060; Adreance v. Lorentzen, 269 App. Div. 987; Allcock V. Cohen, 269 App. Div. 1050.) As a matter of mere pleading the complaint is sufficient in law. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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