Opinion
February 22, 1962
Appeal from the Yates Special Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed, without costs and motion granted, without costs, with leave to appellant to serve an amended complaint, if so advised, within 20 days after service of a copy of the order herein. Memorandum: It is difficult to determine the theory of action contained in the complaint, but we deem it to be essentially in negligence. However, there are no factual allegations supporting a claim of negligence. The plaintiff may be able to supply the deficiencies by amendment.