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Funsoosten v. Summit Foundry Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1906
115 App. Div. 894 (N.Y. App. Div. 1906)

Opinion

October, 1906.


Order reversed, with ten dollars costs and disbursements and motion granted, without costs. Held, that wherever the complaint alleges, after specifying defects, or " otherwise" failed, etc., the order should require the plaintiff to state in what particulars the defendant failed to perform its duty to the plaintiff; in what respect the place where the plaintiff was at work was "otherwise" dangerous, and in what respect the plaintiff was "otherwise severely injured." In case the plaintiff elects to strike these various allegations from the complaint he will be permitted to do so, in which event the motion is denied, with ten dollars costs and disbursements in this court to the appellant. The form of the order to be settled by and before Mr. Justice Spring on two days' notice. All concurred.


Summaries of

Funsoosten v. Summit Foundry Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1906
115 App. Div. 894 (N.Y. App. Div. 1906)
Case details for

Funsoosten v. Summit Foundry Company

Case Details

Full title:Hammond Funsoosten, Respondent, v. Summit Foundry Company, Appellant

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

Date published: Oct 1, 1906

Citations

115 App. Div. 894 (N.Y. App. Div. 1906)
100 N.Y.S. 1117