McCauley v. William Bradley Son

Full title: MARGARET A. McCAULEY, as Administratrix, etc., Appellant, v . WILLIAM…

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

Date published: Dec 1, 1915

171 App. Div. 934 (N.Y. App. Div. 1915)

Opinion

December, 1915.

Present — Ingraham, P.J., McLaughlin, Clarke, Scott and Smith, JJ.; McLaughlin, J., dissented.

PER CURIAM:

We think that the complaint clearly states a cause of action, and that the facts stated in the opening do not so qualify the allegations of the complaint as to justify a dismissal of the complaint upon the opening. The judgment appealed from must be reversed and a new trial ordered, with costs to the appellant to abide the event.

PER CURIAM:

Judgment reversed and new trial ordered, costs to appellant to abide event.