Worden v. Ranger

Full title: ESTELLA A. WORDEN, Respondent, v . JOHN H. RANGER and Others, Appellants

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

Date published: Feb 1, 1910

136 App. Div. 936 (N.Y. App. Div. 1910)

Opinion

February, 1910.

Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ.

PER CURIAM:

When the cause of action set up in a complaint is based upon an assignment, the date of which is not stated in the complaint, a motion to make the complaint definite and certain by stating said date is proper. ( Pigone v. Lauria, 115 App. Div. 286.) The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.