From Casetext: Smarter Legal Research

Fusco v. Brooks

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1941
263 App. Div. 845 (N.Y. App. Div. 1941)

Opinion

December 22, 1941.


Appeal from so much of an order as dismisses plaintiff's second cause of action as against defendant The Citizens Bank of White Plains, on the ground of insufficiency. Order, in so far as appealed from, modified on the law so as to provide that the motion be denied as to the second cause of action, and by striking out the last decretal paragraph of the order. As so modified, the order is affirmed, with ten dollars costs and disbursements to the appellant. Respondent's time to answer is extended until ten days from the entry of the order hereon. The complaint contains three alleged causes of action. The notice of motion was addressed to the complaint generally. The first cause was held to be good. The third cause does not affect the defendant respondent. The sufficiency of any one cause of action will defeat a general notice of motion addressed to the sufficiency of a complaint containing more than one cause of action. ( Eidlitz v. Fischbach Moore, Inc., 239 App. Div. 483; Cochran v. Mount Vernon Trust Co., 245 id. 724.) Lazansky, P.J., Hagarty, Carswell, Taylor and Close, JJ., concur.


Summaries of

Fusco v. Brooks

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1941
263 App. Div. 845 (N.Y. App. Div. 1941)
Case details for

Fusco v. Brooks

Case Details

Full title:FRANK FUSCO, Appellant, v. EDGAR M. BROOKS and Others, Defendants, and THE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 22, 1941

Citations

263 App. Div. 845 (N.Y. App. Div. 1941)

Citing Cases

Triangle Publications, Inc. v. Ferrare

to advertise or sponsor programs on plaintiff's stations. It is the opinion of this court that the court…

Levy v. Gersten

Second: If a general notice of motion is addressed to the sufficiency of a complaint, which contains more…