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Gannon v. Wherry

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1955
286 App. Div. 1072 (N.Y. App. Div. 1955)

Opinion

November 7, 1955.


Order unanimously reversed, with $20 costs and disbursements to the appellants and the motion granted with leave to serve an amended complaint. The conclusory allegations of negligence are insufficient and there are no material facts alleged that state a cause of action against any defendant. If plaintiff elects to replead, the complaint should make clear, individually against each defendant sought to be held, the acts constituting negligence for which each defendant is allegedly responsible and the basis of any liability asserted. Settle order on notice.

Concur — Peck, P.J., Breitel, Bastow, Cox and Bergan, JJ.


Summaries of

Gannon v. Wherry

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1955
286 App. Div. 1072 (N.Y. App. Div. 1955)
Case details for

Gannon v. Wherry

Case Details

Full title:PATRICIA GANNON, Respondent, v. WILLIAM WHERRY, Individually and as…

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

Date published: Nov 7, 1955

Citations

286 App. Div. 1072 (N.Y. App. Div. 1955)